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 27, 2015, the Defendant was issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch on March 27, 2015.

Although the Defendant had been punished for violating the Road Traffic Act as above, on August 8, 2020, at around 04:15, the Defendant driven a car at Cmarib while under the influence of alcohol content of about 0.134% from around 1km to the front of the bus stops in Masan-gu B bus stops in the city of Masan-si, Changwon-si, Busan-si around August 8, 2020.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 once 2015 due to drinking driving, and was engaged in drinking at the same time.

In the blood alcohol concentration of 0.134%, the main state is not less than 0.134%.

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

There is no particular criminal power after 2015.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.