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 January 14, 2008, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court due to a violation of the Road Traffic Act.

On July 9, 2020, at around 04:15, the Defendant driven a DNA car with a blood alcohol concentration of approximately 0.123% from the 17km section to the front road of the Ka Center located in Changwon-si, Changwon-si, Sungwon-si, Sungwon-si, to the road of the CKa Center located in Changwon-si, Changwon-si, the Defendant driven a DNA car with a alcohol level of about 0.123%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

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

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification, etc. of the same criminal records of a suspect), summary orders, and the application of 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. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Gu-type public prosecutor: Fines 12 million won.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once 2008 due to drinking driving, and was engaged in drinking at the same time.

In the blood alcohol concentration of 0.123%, the state of being taken is not easy.

Traffic accidents that shock the steel structure installed in road A while drunk driving have also caused.

However, there was no personal damage other than that of the defendant's vehicle driven by a traffic accident.

The defendant has no criminal records other than the above-mentioned criminal records.

The age, character and conduct, environment, and motive and means of committing the crime of the accused.