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 September 9, 2013, the Defendant received a summary order of KRW 5 million from the Changwon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 2 million for the same crime on April 28, 2017, respectively.

On November 10, 2019, at around 22:30, the Defendant driven a DNA car in the state of alcohol from about 1km to about 0.155% from the road in front of the C company located in Changwon-si, Changwon-si B to the road in front of the same Gu-nam-dong land plaza.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statements, circumstantial statements and investigation reports of the host driver;

1. Previous convictions in judgment: Criminal history records, investigation reports, copies of summary orders, and the application of two copies of two Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2013, 2017) due to drunk driving, even though he/she was punished by a fine.

In the case of drunk driving, it has caused a traffic accident that shocks the front vehicle which was in the atmosphere of traffic signal while driving.

In the blood alcohol concentration of 0.155%, the state of exploitation is also serious.

However, the defendant reflects on the crime.

No loss of human life has occurred due to traffic accidents.

There is no criminal offense beyond a fine against the defendant.

The age, character and conduct, environment, motive, means, results and means of the crime of the accused.