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

[Criminal Power] On October 6, 2014, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 6, 2020, at around 22:20, the Defendant driven an E-crat vehicle under the influence of alcohol concentration of about 0.108% from a 200-meter section from the front of the trade infinite-si B to the front of D, located in C.

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's blood alcohol concentration at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the previous records of the defendant's punishment, and the conditions of various sentencing as shown in the arguments of this case.