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 March 9, 2016, the Defendant was issued a summary order of a fine of three million won by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 05:00 on August 15, 2019, the Defendant driven a D K6 vehicle while under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.096% in a section of approximately 800 meters from Sungwon-si to the front road of the same Gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey report, report on the actual state of a drinking driver, notification on the results of the control of drinking driving, field photographs, and inquiry into the results of the control of drinking driving;

1. A previous conviction in judgment: An inquiry report, an investigation report (Attachment to a summary order of the same attached power), and application of a summary order under Acts and subordinate statutes;

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 reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has already been imposed on the defendant, despite the existence of the same kind of crime record, again, the crime of this case has been committed, while driving a vehicle under the influence of alcohol, resulting in the accident that the vehicle is restored by shocking the street of the report.

It was a very dangerous situation that could lead to a large accident even though there was no loss of human life.

However, the execution of imprisonment with labor shall be suspended in consideration of the fact that all of his/her mistakes are recognized, the fact that there is no criminal force other than the previous one, and community service work shall be also ordered.