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 September 1, 2017, the Defendant was issued a summary order of KRW 4 million with a fine for a violation of the Road Traffic Act by the Changwon District Court on September 1, 2017, and a summary order of KRW 3 million with the same crime by the same court on January 15, 2018.

On July 31, 2020, at around 01:56, the Defendant driven DK5 vehicles in the state of alcohol alcohol concentration of about 0.136% on the road of about 10 meters from Changwon-si B apartment Cdong to the entrance of the apartment.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Investigation reports on the criminal defendant's legal statement, the oral statement of his/her driver (report on the circumstances of the drinking driver) into the records of the crackdown on drinking driving;

1. The actual condition survey report;

1. Previous records of judgment: Criminal history records, investigation reports, copies of summary orders, and the application of two-yearly 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 twice (2017, 2018) due to drunk driving, and was engaged in a drunk driving even when he was sentenced to a fine.

They are moving back from drinking condition.

A traffic accident that causes parking cars has also caused.

The state of alcohol in blood alcohol concentration of 0.136% is also reasonable.

The attitude was not good after the crime, such as denying driving facts to the police officers dispatched and failing to comply with the drinking measurement in a timely manner.

However, the defendant is driving because the substitute engineer operates to a wrong address.