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 March 17, 2015, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million with a fine of KRW 1.5 million with a charge of violating the Road Traffic Act in the Changwon District Court’s territorial branch on March 17, 2015, and a summary order of KRW 4 million with the same crime in the same court on March 14, 2016.

On September 29, 2019, at around 00:25, the Defendant driven a motor vehicle in the E Spo-type under the influence of alcohol 0.064% while under the influence of alcohol 0.064%, from around C department stores in Kimhae-si B to the front road of the D office building in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Records before judgment: Criminal records, etc., inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture, the degree of blood alcohol content, driving background, two same kinds of previous convictions as major sentencing factors, Defendant’s mistake is recognized, Defendant has no criminal record other than fines, Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in pleadings, such as the circumstances after the crime, etc., the sentence is determined as ordered and the execution of the order to attend a community service and the order to attend a lecture is suspended on the premise