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 19, 2013, the Defendant received a summary order of KRW 4,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court. On January 21, 2015, the Defendant issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court.

On June 16, 2019, at around 03:45, the Defendant driven a F K5 vehicle while under the influence of alcohol with approximately 0.152% alcohol concentration at the 1km section from around the C main point in Kimhae-si, to the E-ray in the city of Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver (A) and notification of the results of the regulation of drinking driving (A);

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) which are applicable provisions of law stated in the indictment under Article 148-2(1)1 and Article 44(1) of the same Act, which are applicable provisions of law to criminal facts, are erroneous, and the defendant again drives under the influence of alcohol even if he/she was punished twice due to a drunk driving, the charges of this case are recognized.

Since the application of the former Road Traffic Act before the amendment on December 24, 2018 is judged not to seriously disadvantage the defendant's exercise of his/her right to defense, the applicable provisions of law shall be recognized as above without following the procedures for Amendments to Bill of Indictment.

(see, e.g., Supreme Court Decision 2005Do4085, Apr. 28, 2006). Determination of imprisonment

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 is that the defendant had already been punished twice as stated in the judgment, and driving under drinking again without the awareness of the danger of drinking driving, and drinking is affected by the people's physical exercise ability, thereby causing a traffic accident. The date, time, and place of the judgment.