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 April 14, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support.

On January 29, 2020, the Defendant: (a) driven a DM5 car in the state of alcohol alcohol concentration of about 0.111% from the 300-meter section from the front of the C-W-si, pushing ahead with the front of the C-W-si to the front of the C-W-si.

The Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act, notification of the results of the regulation of drinking driving, report on the state of drinking drivers, report on the state of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Criminal records: Application of criminal history records, inquiry reports, and criminal investigation reports (a summary order attached to the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the Disposition shall be imposed in consideration of various circumstances, including the defendant’s age, character, conduct, occupation and environment, criminal records, motive, circumstances before and after the crime, the method and consequence of the crime, as well as the circumstances before and after the crime.

Unfavorable circumstances: In light of the blood alcohol concentration value, the issue is not easy.

Despite the fact that there was a history of punishment for the same crime, the recidivism was made, and other criminal records are also not good.

A favorable circumstance: The defendant showed an attitude to reflect on the crime in depth, and does not repeat the crime.

It is so decided as per Disposition for the above reasons.