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

[criminal power] On November 2, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on November 2, 2009, and on November 15, 2010, the Defendant was issued a summary order of KRW 2.5 million for the same crime at the same court.

【Criminal Facts】

On December 1, 2019, the Defendant was under the influence of alcohol level of 0.083% on blood alcohol level on December 23:41, 2019, and the Defendant was driving C in the section of about 1 km from the front of Kimhae-si B hotel to the front of the old mountain tunnel located in the same Sisan-dong.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, the harm of a fine of the same kind and the favorable circumstances such as two times before and after a fine of the same kind: The defendant's mistake is divided and reflected, the defendant's past records of punishment for drinking driving are relatively old and less than 2010, and his dependants, etc.