A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 19, 2014, the Defendant was issued a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act, in the Changwon District Court Msan Branch.

On July 27, 2020, the Defendant, at around 00:20, driven a Fpote car in the state of alcohol alcohol concentration of about 0.144% in the section of approximately 200 meters from the road to the road before the E-cafeteria located in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry records, and copies of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is likely to lead to traffic accidents in the event of drinking driving by affecting people's physical ability, and the risk of recidivism is high for drinking driving.

Although the defendant was punished for drunk driving as stated in the judgment, he re-driving without the awareness of the danger of drunk driving.

The degree of the defendant's exploitation is very serious.

However, the Defendant, against the instant crime, did not repeat the crime.

There shall be no other penalty power except before the judgment.

In addition, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered.