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 August 6, 2007, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Jinwon District Court's Jinwon District Court's Jinju branch, and on June 2, 2008, issued a summary order of one million won of a fine at the Changwon District Court's same crime.

On June 28, 2020: (a) around 00:18, the Defendant driven an E-7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.073% at a section of about 500 meters from the Changwon-si, Changwon-si B apartment road to the front roads of D in C.

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

Summary of Evidence

1. Investigation report of the criminal defendant's legal statement on the circumstantial statement of his/her driver (report on the circumstances of his/her driver), reporting on the state of his/her driving, and checking the results of the drinking control;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification, etc. of suspect's same kind of records), 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. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Opinions of prosecutor: Two years of imprisonment; and

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2007, 2008) due to drunk driving, and was engaged in a drunk driving.

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

The state of being taken by blood alcohol concentration of 0.073% is not much weighted.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.