A defendant shall be punished by imprisonment for not less than eight months.

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 February 8, 2010, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Changwon District Court’s territorial branch on February 8, 2010, and on December 9, 2015, the Defendant issued a summary order of one million won for the same crime to the same court.

On May 20, 2019, at around 23:25, the Defendant driven an Ele-ro-car car in the state of alcohol 0.073% of alcohol concentration from a section of about 500 meters from the road in the Tong-si B Complex to the front road in C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation reports (control details, etc.);

1. Previous records: Application of criminal records, etc. inquiry reports and investigation reports (a copy of the previous and summary order attached) Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In addition to taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol level and the accused’s previous conviction as major sentencing factors, the Defendant’s mistake is recognized, and the Defendant’s punishment is determined as ordered and the execution of the order of community service and the order of education is suspended on the premise of the faithful performance of the order of education, by comprehensively taking into account all of the sentencing conditions indicated in the pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.