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 October 29, 2007, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Changwon District Court.

On May 5, 2020, the Defendant, while under the influence of alcohol at 0.146% of blood alcohol level around 15:25, driven a motor vehicle for E Spart in the section of about 4km from the Jinhae-gu B apartment Cdong to the roads near Jinhae-gu D apartment, Jinhae-gu, through the roads near the said B apartment Cdong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 defendant's responsibility is heavy in view of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was imposed once a fine due to drinking driving prior to the instant case, and the blood alcohol concentration at the time of the instant driving is very high to 0.146%, and the drinking driving is very dangerous criminal that may lead to the life of another person.

However, it is reasonable to consider that the defendant's mistake is against his own mistake, and that he disposes of his own vehicle after this case and again makes a decision not to drive under the influence of alcohol.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, the background and result of the instant crime, and all the sentencing factors shown in the records and arguments, including the circumstances after the crime.