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 August 14, 2018, the defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch on August 14, 2018.

On September 4, 2019, at around 01:40, the Defendant driven a Fco-C car with a blood alcohol concentration of about 0.148% in the section of about 28km from the street in front of the Yongsan-si, Changwon-si B to the street in front of the Kimhae-si D, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 light of the reasoning for sentencing under Article 62-2 of the Criminal Act, the Defendant’s responsibility is heavy in view of the following: (a) even though the Defendant was punished once for drunk driving prior to the instant case; (b) the blood alcohol concentration at the time of the instant driving is very high to 0.148%; and (c) the drinking driving is very dangerous criminal that may lead to the life of another person.

However, it is against the defendant's recognition of the crime of this case, and there is no record of punishment exceeding the fine due to the crime of drinking driving of the same kind as this case, the defendant's age, occupation, character and behavior, environment, family relationship, motive, circumstance, means and consequence of the crime of this case, and all of the sentencing factors shown in the records and arguments, including the circumstances after the crime, shall be determined as ordered.