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 December 7, 2015, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on June 1, 2016 to a fine for the same crime, respectively.

At around 22:40 on September 19, 2020, the Defendant driven a Gpoter II truck with approximately 30 meters alcohol concentration of approximately 0.114% in the section of approximately 30 meters from D parking lot near Kimhae-si B to the F autonomous crime prevention guard’s front roads in E.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

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, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

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(1) of the Criminal Act, the punishment as ordered shall be determined in full view of the following circumstances: (a) the age, character and conduct, environment, motive, means and consequence of the crime; and (b) the conditions of sentencing specified in the instant case, including the circumstances after the crime, etc.

Unfavorable circumstances: The harm of drinking driving, the significant degree of blood alcohol concentration, and favorable circumstances such as two times before and after the same kind of crime: The defendant repents and reflects the wrong, the distance of drinking driving is relatively short, the dependent, etc.