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 November 23, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million for a fine of KRW 2.5 million for a crime of violating the Road Traffic Act in the branch court of the Changwon District Court on December 21, 2015.

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on April 13, 2020, at around 23:20, the Defendant started from the C parking lot located in Changwon-si Member B, Changwon-si, and passed through the E-cafeteria located in D, and again drives FM3 car while under the influence of alcohol concentration of about 0.143% at the 1km section to the said C parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on investigation (attaching photographs and photographs taken by a reporter);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and 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. 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 repeated in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years and six months;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (201, 201, 2015) due to drunk driving, and was engaged in a drunk driving.

The defendant's driving mode was too dangerous, and the police officer was also trying to flee at the time of the enforcement.

In the blood alcohol concentration of 0.143%, the main state is not less than 0.143%.

In the past, it shall be punished for drinking.