Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to a fine of KRW 3 million by the Changwon District Court for a crime of violating the Road Traffic Act.

Nevertheless, on November 25, 2020, the Defendant driven DK9 car from around 500 meters to around the road in which it is difficult to identify the trade name in Kimhae-si B while under the influence of alcohol level of 0.161% during blood transfusion around 23:20 on November 25, 2020.

Accordingly, the defendant was driving in violation of the prohibition of drinking drinking drinking regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A previous conviction on the statement of the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), and previous conviction on the result of regulating drinking driving: The application of the Acts and subordinate statutes reporting inquiry, such as criminal history

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Taking into account the fact that the Defendant had already had the same record of drinking driving, the reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures, despite the fact that the Defendant had already been engaged in the instant crime, the alcohol level was considerably high at the time of the instant crime, and the record of committing the crime of driving without a license, other than the drinking driving power, the sentence is determined as ordered.