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 November 3, 2011, the Defendant was sentenced to a summary order of KRW 2,500,000 by the Seoul Northern District Court for the violation of the Road Traffic Act, etc., and on May 16, 2014, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor at the Busan District Court for the violation of the Road Traffic Act.

On February 26, 2020, at around 01:55, the Defendant driven BMW 528i car from around approximately 500 meters away from the road front of the mutual influence fluence in the window of Changwon-si to the next road while under the influence of alcohol content of 0.212% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Report handling table, report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of 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 on the suspension of execution (including the fact that there is no same record for the preceding five years, and that the person does not repeat the crime through drinking treatment, etc.);

1. Probation and community service order shall be decided as ordered on the grounds of not less than Article 62-2 of the Criminal Act (proving proof of alcohol and ordering necessary treatment);