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 February 20, 2020, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch.

On June 17, 2020, at around 00:45, the Defendant driven an Efran vehicle under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.134% from the 400m section from the Changwon-si B apartment near Changwon-si to the front roads located in Changwon-si, Changwon-si C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the statement of the circumstances of a drinking driver made once as a result of the control of drinking driving (report on the status of a drinking driver) and report on the status of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification, etc. of suspect's same kind of records), summary orders, and the application of 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 on February 202 due to drinking driving, but was sentenced to a fine on more than a few occasions, and was engaged in drinking driving at a time.

In the blood alcohol concentration of 0.134%, the main state is not less than 0.134%.

However, the drinking driving did not cause a traffic accident while driving.

In addition to the above previous convictions, only one fine has been imposed for the crime of immigration offense.

In addition, the sentencing conditions of the defendant, such as the age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, are considered as the order.