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 August 8, 2011, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 31, 2020, at around 03:22, the Defendant driven an Ecom-sports car in the direction of approximately 1.3km alcohol concentration of approximately 0.10% from the front of the ancient flag at the C parking lot located in Kimhae-si B to the front road of D.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking once or more times.

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, repeated statements, 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. 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 drinking driving, actual danger to traffic (damage by shocking the parked vehicles), poor investigation attitude, such as deceiving the relevant passenger as a driver, and favorable circumstances such as a considerable degree of blood alcohol concentration in order to conceal the fact of drinking by police officers dispatched from the accident: The defendant's mistake is divided and reflected, and there is no record of punishment for the same kind of crime except for the previous conviction in the judgment, and family members, etc. are dependent.