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 May 7, 2019, the Defendant was issued a summary order of KRW 1,00,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

On August 8, 2020, at around 02:24, the Defendant driven CM5 car under the influence of alcohol with a blood alcohol concentration of 0.094% from around 1.5 km to the roads front of Sung-gu, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is likely to lead to traffic accidents in the event of drinking driving by affecting people's physical exercise ability, and the risk of recidivism is high for drinking driving.

The defendant, as stated in the judgment, had been punished for drinking one year prior to his previous conviction, but he again driven a drinking again without the awareness of the danger of drinking driving.

The degree of the defendant's exploitation is very serious.

However, the Defendant, against the instant crime, did not repeat the crime.

There shall be no other penalty power except before the judgment.

In addition, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered.