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 September 9, 2013, the Defendant issued a summary order of KRW 5 million at the Busan District Court for a crime of violation of the Road Traffic Act, and on April 7, 2016, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Changwon District Court.

【Criminal Facts】

On June 19, 2020, around 15:30 on June 15, 2020, the Defendant driven a DNA rocketing car in the state of alcohol alcohol concentration of about 0.162% from the 1km section to the C parking lot located in the front of a mutually influent restaurant in the Kimhae-si, Kim Jong-si.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a summary order of the same kind of suspect's power attached);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order, and order to attend the course of sentencing under Article 62-2 of the Criminal Act, despite the criminal records of drunk driving already more than three times, the Defendant committed the instant crime again despite the fact that the Defendant had a high alcohol level at the time of the instant crime. The occurrence of an accident involving the Defendant’s blood alcohol level at the time of the instant crime, and the occurrence of an accident involving the shock of other vehicles parked in the course of drinking driving, and the Defendant shall be determined as per the disposition by comprehensively taking into account the investigation stage and this court’s attitude, the Defendant’s age, prior background, environment, circumstances of the crime, and circumstances after the crime. Since the Defendant has repeated the crime of drunk driving, probation is also ordered to prevent the possibility of recidivism.