A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On March 21, 2014, the Defendant issued a summary order of a fine of four million won for a crime of violating road traffic law at the Changwon District Court's Musan Branch on two occasions in total.

On October 21, 2020, at around 22:55, the Defendant driven a motor vehicle under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.177% from the 50-meter section around the entrance of the apartment unit B in Changwon-si, Changwon-si to the front roads in Changwon-si, Seoul.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination report on actual condition and the results of crackdown on drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Inquiries (A), investigation reports (verification of the same type of force), and application of the summary order statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Provide community service and attend lecture [the scope of punishment] Imprisonment with prison labor for one year or two years and six months [the sentence] imprisonment with prison labor for one year or two years and six months, and two years or more disadvantageous circumstances: The degree of alcohol in blood was significantly high. The circumstances favorable to the occurrence of traffic accident led to the occurrence of the occurrence of the instant traffic accident: the Defendant was seriously against the occurrence of the instant traffic accident; the Defendant was unable to repeat the instant traffic accident; the Defendant was not guilty of the suspension of execution or more; and the Defendant’s age, sex, environment, family relationship, health status, motive, means and consequence of the instant crime; and the circumstances after the instant crime, etc. are stated in all the criminal records and the elements for sentencing indicated in the instant case.