A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 18, 2009, the Defendant issued a summary order of KRW 2 million with a fine of KRW 1 million at the Changwon District Court due to a crime of violating the Road Traffic Act (drinking driving), and on December 10, 2012, the Defendant issued a summary order of KRW 6 million with a fine of KRW 1 million with a penalty of violating the Road Traffic Act (drinking driving) at the Changwon District Court.

On November 8, 2020, at around 00:26, the Defendant driven a D low-water painted vehicle with alcohol content of about 4.2 km from the front of the office to the front of the golf course in Kimhae-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Han-si, the Gan-si, the Kimhae-si, the front of which is located in the office, and the front of the C golf course

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

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020) on criminal facts;

1. Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances deemed to be the grounds for sentencing) of the mitigated amount;

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

1. The scope of applicable sentences under the law for sentencing under Article 62-2 of the Criminal Act with regard to orders to attend lectures and orders to provide community service: One year to two years and six months;

2. Determination of sentence: One year of imprisonment with prison labor and three years of suspended sentence [unfavorable circumstances] Defendant had previously been punished for the same kind of crime, but was driven under the influence of alcohol.

In light of the degree of alcohol concentration, driving distance, etc. during blood, the liability for the crime is not easy.

[The favorable circumstances] The defendant recognized his mistake and received medical treatment.

In light of the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing conditions as shown in the argument of this case are considered.