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 October 18, 2010, the Defendant was issued a summary order of a fine of KRW 2.5 million at the Changwon District Court for a violation of the Road Traffic Act, and is a person who has a total of twice the records of drinking driving.

On March 16, 2020, at around 18:10, the Defendant driven B 100cc Oral Baba while under the influence of alcohol content of about 0.14% at a road of about 1k meters, from the front flab, which was located in the Masan-si, Changwon-si, Changwon-si to the upper south-si market, to the front flaba, located in 111, which was located in 111.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstances of an employee;

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of the criminal history records, investigation reports, and summary order;

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. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, driven a motor vehicle while drinking alcohol, even though he was sentenced to a fine twice (2003, 2010) by driving under the influence of alcohol.

In the blood alcohol concentration of 0.144%, the state of exploitation is relatively serious.

It is not good after the crime, such as refusing to sign and seal the relevant documents at the time of crackdown.

However, the drinking driving did not cause a traffic accident while driving.

No sentence shall be imposed on the accused.

The age, character and conduct, environment, motive, means, results, circumstances after the crime, etc. of the accused.