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 March 12, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch.

On March 9, 2020, at around 23:20, the Defendant driven a Fbenz car on the road of approximately 100 meters of blood alcohol concentration at approximately 0.126% from C in Changwon-si B to E in the front of D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and on-site map;

1. On-site photographs;

1. The circumstantial statements, circumstantial statements and investigation reports of the host driver;

1. Investigation report (the blood alcohol concentration of a suspect who has applied the Medmark formula);

1. Making a inquiry into the result of the crackdown on drinking driving (24 No. 133);

1. Previous records of judgment: Criminal history records, the previous records and results of confirmation, and the application of Acts and subordinate statutes of one copy of 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. 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. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine once due to drinking driving in 2015, and was engaged in drinking at the same time.

During drinking driving, traffic accidents leading to the central separation zone and road building.

The blood alcohol concentration is high by 0.126%, and the state of drinking was serious enough to avoid the disturbance that there was no fact of driving in the emergency room transferred by the person in the accident.

However, there was no different person due to drinking driving.

In addition to the above previous convictions, only one time of fine due to the crimes of 194.