A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 10, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court on December 10, 2008. On April 12, 2010, the Changwon District Court issued a summary order of KRW 2,00,000 as a charge of a violation of the Road Traffic Act (driving). On December 23, 2013, the Defendant was issued a summary order of KRW 6,00,000 as a fine by the Changwon District Court on December 23, 2013.

On July 4, 2020, at around 21:25, the Defendant driven B K3 cars under the influence of alcohol content of about 0.153% at approximately 17 km from the Love Park parking lot in Seongbuk-gu, Changwon-si to the road at approximately 3 km away from the Gandong-gu, Jinnam-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing on the grounds of probation, community service order and order to attend a lecture (the order to undergo a diagnosis and treatment of alcohol dependence during the period of probation due to special matters to be observed for the improvement of drinking habits of the accused) under Article 62-2 of the Criminal Act is to have an impact on the people's physical exercise ability, thereby making a drinking driving, it is highly likely to lead to traffic accidents, and the risk of recidivism is high for drinking driving.

Although the Defendant had been punished three times due to drinking driving or refusing to measure drinking, as stated in the judgment, he re-driving without any awareness of the danger of drinking driving.

The Defendant was standing a vehicle on the side of the road, and according to the Defendant’s condition and the degree of driving at the time of detection, the Defendant was driving the vehicle.

(b).