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 19, 2013, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and KRW 2.5 million from the same court on August 29, 2016 to a fine for the same crime, respectively.

On November 4, 2019, at around 22:03, the Defendant driven a light-line car D while under the influence of alcohol concentration of 0.138% at the section of 11.5km from the 11.5km away from the window of Changwon-si, Seongbuk-si to the street of Changwon-si.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the situation of a drinking driver, and notification of the results of the crackdown on drinking;

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;

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);