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 23, 2010, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on August 23, 201, and a fine of KRW 5 million for the same crime from the Changwon District Court Msan Branch on July 30, 2014.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on October 28, 2020, the Defendant driven a E-Spo-type car under the influence of alcohol concentration of about 0.177% at the same 2km section from around C convenience stores in Chang-si, Changwon-si, Changwon-si, Mapo-si, Seoul around October 28, 2020 to the front day of the Gu D apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving under the liquor:

1. A report on internal investigation (in accordance with the process of detection of a reporter's vehicle for drinking alcohol);

1. Previous conviction in judgment: Application of each of the Acts and subordinate statutes of one copy of the judgment, such as a reply to inquiry, investigation report (the same kind of force), and criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Not applying the sentencing criteria: Omission of the sentencing criteria;

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who had been sentenced to a fine twice (2010, 2014) due to drinking driving, was under the influence of drinking, but was under the influence of drinking at once (2004).

In the blood alcohol concentration of 0.177%, the state of drinking is serious.

The defendant was in danger of driving and other drivers reported and controlled.

In the past, even before the driving of alcohol, the alcohol concentration exceeds 0.1%.

(b).