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 July 25, 2011, the Defendant received a summary order of KRW 2.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on March 12, 2012, the same court issued a summary order of KRW 4 million as a fine for the same crime.

On July 14, 2019, at around 09:49, the Defendant driven an Eststren vehicle in the state of alcohol with approximately 20km alcohol concentration of about 0.03% from the 20km section to the D Village in the Changwon-si, Changwon-si, Masan-si, through the Hoan-gun C Village in the Gu of Changwon-si.

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. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Requests for appraisal;

1. A report on detection of a host driver;

1. Previous records of judgment: Criminal records, inquiry reports, criminal records, copies of summary orders, and the application of two copies of 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 on orders to provide community service and 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 was punished four times as a drunk driving (202, 2004, 201, 2012), and one time as a non-licensed driving (2012).

In 2004, even though he was sentenced to a suspended sentence of imprisonment due to a traffic accident during drinking driving, he was also under the influence of alcohol driving.

However, the blood alcohol concentration of the instant case is merely the extent that it exceeds the crackdown.

A driver shall drive at a am after drinking alcohol and returning home to the am;

was controlled.

No traffic accident was caused.

The age, character and conduct, environment, and motive of crime of the defendant;