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

[criminal power] On February 2, 2009, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and on July 31, 2014, the Defendant issued a summary order of KRW 5 million for the same crime at the same court.

【Criminal Facts】

Around 22:20 on February 7, 2020, the Defendant driven a FK7 car at a section of about 100 meters from the front day of the Kimhae-si, to the front day of the E-Voluntary Seocho-si located in D, while under the influence of alcohol by 0.124% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, the application of Acts and subordinate statutes on the same type of suspect records;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence as ordered shall be determined in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drunk driving, conditions favorable to the same criminal record and three times (Provided, That the second time after June 1, 2006), etc.: The defendant repents and reflects the defendant's wrong, there is no record of punishment exceeding the fine, and family members, etc.