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 December 28, 2015, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court's Msan Branch on December 28, 2015.

On September 7, 2020, at around 01:31, the Defendant driven a F Belgium car in the state of alcohol alcohol concentration of about 0.074% from the Do adjacent to C in Changwon-si, Yongsan-si, Seoul, to the front road located in D in Changwon-si, Changwon-si, the Defendant driven the F Belgium car at around 7km in the direction of approximately 0.074%.

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

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. The actual condition survey report;

1. On-site photographs;

1. Previous records of judgment: Criminal history records, investigation reports (Attachment to the previous records and summary orders), and application of Acts and subordinate statutes of one copy of summary order;

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. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who had been sentenced to a fine once 2015 due to drinking driving, was under the influence of driving under the influence of alcohol.

Traffic accidents that shock the facilities of gas stations during driving have also caused.

However, the state of exploitation with blood alcohol concentration of 0.074% is relatively serious.

No loss of human life has occurred due to traffic accidents.

The defendant has no criminal records other than the above-mentioned criminal records.

The age, character and conduct, environment, motive, means, results, and circumstances after crimes of the accused.