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 27, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court due to a violation of the Road Traffic Act.

On September 21, 2020, at around 01:05, the Defendant driven an E-Korean cruise car under the influence of alcohol 0.120% in a section of approximately 300 meters from the Do in front of the “C” restaurant in Kimhae-si B to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, such as criminal records;

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act (the blood alcohol concentration level, driving and accident background, the same criminal record) takes into account as a major sentencing factor, and the fact that the defendant is willing to recognize and not to make the same mistake again, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, shall be determined as ordered, and the execution of the sentence shall be suspended on the premise that the community service duty is faithfully performed.