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 June 8, 2009, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for a crime of violation of the Road Traffic Act.

On February 25, 2020: (a) around 00:17, the Defendant driven a FK5 car under the influence of alcohol with approximately 0.146% alcohol concentration from a section of about 700 meters from the C Apartment to the front road in D, which is the Defendant’s residence in the Haan-gun, Hanam-gun, Hanam-gun.

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. On-site photographs;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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 before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of force, etc.), and application of statutes by a 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, was sentenced to a fine twice (2005, 2009) due to drunk driving, even though he was punished by a fine.

In 2010, it has been punished by a fine for driving without license in 2010.

The blood alcohol concentration of 0.146% is high, and the road traffic has been duplicated to the extent that it can be controlled.

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

There are no criminal records other than the above criminal records.

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