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 4, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Changwon District Court Msan Branch.

On June 29, 2020, at around 00:34, the Defendant driven a DNA car with a blood alcohol concentration of about 0.065% at the section of approximately 1.9 km from the front of the Masan Station located in Changwon-si, Changwon-si to the front of the hospital located in the same Gu C Hospital located in the same Gu B.

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

Summary of Evidence

1. Investigation report on the actual state of driving with the accused's statutory statements, the report on the actual state of driving with the driving with the accused, and the investigation report on the circumstantial statements (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification, etc. of suspect's same kind of records), summary orders, and the application of statutes;

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 2013 due to drinking driving, and was engaged in drinking at the same time.

There are several penalties for other crimes.

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

The state of exploitation with blood alcohol concentration of 0.065% is not much weighted.

There is no criminal power after 2015.

In addition, the defendant's age, character and conduct, environment, motive, means and results of the crime, and all the sentencing conditions shown in the records and arguments, shall be considered as the order.