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 6, 2014, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court Msan Branch on August 6, 2014, and received the suspension of indictment from the Changwon District Prosecutors' Office on September 11, 2015 as the same crime.

Around 21:40 on August 23, 2020, the Defendant driven a DNA-learning car from around 50 meters from the front side of the Jinhae-gu, Changwon-si, Jinnam-si to the front road of the same Gu, while under the influence of alcohol by 0.152% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Survey report on the actual condition, report on the circumstantial statement of a drinking driver, report on the status of a drinking driver, and report on the results of the regulation of drinking driving;

1. Each report on investigation;

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. It is so decided as per Disposition on the grounds that community service or lecture attendance order is more than Article 62-2 of the Criminal Act (for the prevention of re-offender);