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 16, 2016, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch as a result of the violation of the Road Traffic Act.

On August 26, 2020, at around 14:20, the Defendant driven Daba while under the influence of alcohol by 0.095% in blood alcohol concentration on the road of approximately 2 km 0.095% in the 2km section, from the Defendant’s house located in Changwon-si Mhappo City B, to the same Do vibration 252 in the sea tourism in the same Gu vibration.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

1. Previous records of judgment: Criminal records, inquiry reports, criminal records, copies of summary order, and the application of one copy of summary order Acts and subordinate statutes;

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. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine on one occasion in 2016 due to drunk driving, and was also under the influence of alcohol.

In the blood alcohol concentration of 0.095%, the main state is not easy.

Traffic accidents have also occurred while driving.

However, there was a fault of the other party in the occurrence of a traffic accident, and there was no loss of human life other than the defendant.

There shall be no criminal records exceeding fines against the accused.

Other records and arguments, such as the age, character and conduct, environment, motive, means and results of the crime, and the circumstances after the crime.