A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 26, 2015, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Changwon District Court’s territorial branch on August 26, 2015.

On June 25, 2020, the Defendant driven a E SP car in the state of alcohol concentration of 0.224% in the 2km section from the front of C in the Namyang-si, 09:30 on June 25, 2020 to D front roads.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Inquiry into the results of crackdown on the driving of alcohol, a statement of the situation of the driver under the influence of alcohol, an investigation report (report on the situation of the driver under the influence of alcohol), F and a written on-site photograph;

1. Previous convictions: Application of Acts and subordinate statutes, such as a written reply to inquiry, such as criminal history, report on investigation (A), and judgment;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing Article 62-2 of the Criminal Act Article 62(1) of the Act on the Suspension of Execution is that the Defendant was punished by drinking alcohol driving in 2015, but again committed the following crimes.

At the time of driving of the instant case, the alcohol concentration in the blood was very high to 0.224%.

The Defendant also caused an accident that contacts the back of a parked vehicle during drinking.

However, the defendant is recognized to commit the crime of this case, and the defendant is not required to repeat the crime of this case by disposing of the vehicle.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's age, character and conduct, family relationship, motive and means of a crime, circumstances after a crime, etc., and various sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime.