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 October 16, 2009, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the Changwon District Court to a fine for the same crime on November 11, 2014, respectively.

On August 10, 2020, at around 20:18, the Defendant driven C 1 ton cargo vehicles with a blood alcohol concentration of about 0.18% at a distance of about 8 km from the front of the Do Office in writing, which is located in the Nakdong-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, to the front road of the Gyeong-gun, Gyeong-gun, Gyeong-gun.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

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

1. Previous convictions in judgment: Criminal history records, investigation reports (Attachment to the same criminal suspect's previous records and summary orders), and application of Acts and subordinate statutes of two copies of summary orders;

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 (209, 2014) due to drunk driving, and was engaged in a drunk driving.

In the blood alcohol concentration of 0.188%, the state of drinking is significant.

On the other hand, the driver reported his behavior to the extent that it is dangerous to regulate other drivers.

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

The defendant has no criminal records other than the above-mentioned criminal records.

The age, character and conduct, environment, and environment of the defendant.