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 May 2, 2016, the Defendant issued a summary order of KRW 1.5 million at the Changwon District Court as a crime of violation of the Road Traffic Act.

At around 00:40 on July 19, 2020, the Defendant driven an Efran vehicle under the influence of alcohol concentration of about 0.172% on the road of approximately 1km from the front of Changwon-si Mhappo-si B apartment to the front of D located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and summary order under one-year 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. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once 2016 due to drinking driving, and was engaged in drinking at the same time.

In the blood alcohol concentration of 0.172%, the main state of the blood alcohol is not easy.

The occurrence of a traffic accident while drunk driving also occurred.

However, the defendant recognizes and reflects crimes.

The traffic accident seems to have occurred more than the fault of the other vehicle than the fault of the defendant.

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

There shall be no criminal records exceeding fines against the accused.

Other records and arguments, such as the age, character and conduct, environment, motive, means and results of the crime, and the circumstances after the crime.