A defendant shall be punished by imprisonment for one year.

except that 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

[Criminal Power] On June 27, 2007, the Defendant was sentenced to six months of imprisonment and two years of suspended execution in the Changwon District Court’s branch for the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 05:30 on May 31, 2020, the Defendant driven a D Sti-type car with a blood alcohol content of about 0.083% under the influence of alcohol from around 4km to the front road of the same city from around 05:30 on May 31, 2020.

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

Summary of Evidence

1. A written appraisal of the defendant's legal statement, blood alcohol level and alcohol level;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for one year to two years; and

2. Setting the sentencing criteria not;

3. Determination of sentence: One year of imprisonment and two years of suspended sentence, but they are very long;

The blood alcohol concentration recognized is relatively high.

It is a case of driving a vehicle after driving a body of water following drinking, even though drinking is considerable, but rather.

In full view of the various circumstances revealed in the trial process of this case, such as details and distance of driving, the age, character and conduct, environment, family relationship, etc. of the defendant, the punishment as ordered shall be determined.