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 20, 2014, the Defendant was issued a summary order of KRW 4 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

On November 22, 2019, at around 10:53, the Defendant driven a F string-type car under the influence of alcohol level of about 0.157% from the front of the “C” restaurant located in the Seocho-gu, Changwon-si B to the front road of the D building E-dong.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the status of a drinking driver, and notification of the result of regulation of a drinking driving;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

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. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);