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 became final and conclusive.

Punishment of the crime

On April 2, 2020, the Defendant was issued a summary order on July 27, 2020 by the Changwon District Court as a crime of violation of the Road Traffic Act in the course of driving under influence of alcohol.

On May 15, 2020, at around 02:42, the Defendant driven a F SP car in the state of alcohol alcohol concentration of about 300 meters from the front of the C District Zone B to the front of the E Convenience point in D.

As a result, the defendant has carried out drinking driving in violation of the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the degree of blood alcohol concentration and alcohol concentration of the reason for sentencing under Article 62 (1) of the Criminal Act, the fact that a person drives under drinking again for the following month in which a person is discovered due to a drunk driving, the defendant reflects the crime, and the defendant has no criminal record exceeding the fine