A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On August 27, 2013, the Defendant issued a summary order of KRW 3 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on August 27, 2013, and on April 20, 2015, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on April 20, 2015.

Around 22:40 on July 28, 2020, the Defendant driven a car in a state of alcohol alcohol concentration of about 0.109% from the 10km section to the front road of the Kimhae-si D apartment at the Changwon-si parking lot, Changwon-si, Kimhae-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The defendant's responsibility is heavy in view of the fact that the reason for sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service was sentenced to three times a fine due to drunk driving prior to the instant case, and the blood alcohol level at the time of the instant driving is higher than 0.109%, and the drinking driving is very dangerous criminal that may lead to the life of another person.

However, it is reasonable to take into account the fact that the defendant did not have a serious criminal record exceeding the fine, the fact that the defendant is against his/her fault, the fact that he/she seems to have engaged in a usual work life in good faith, and that he/she and his/her employees want to take the action against the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and all the sentencing factors as shown in the records and arguments, including the circumstances after the crime.