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 October 29, 2012, the Defendant is a person who drives a motor vehicle under the influence of alcohol on at least two occasions after being sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on October 29, 201, and a fine of KRW 1.5 million for the same crime at the Changwon District Court on February 14, 201.

On August 16, 2019, at around 07:06, the Defendant driven an Esch-sports cargo vehicle with approximately 10km alcohol concentration of 0.083% in front of the oil station located in the window C of the same city on the roads in front of the Changwon-si, Changwon-si Blle at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Application of two Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, although the defendant had been punished twice due to drinking driving, he again went back to driving under the influence of drinking.

However, the punishment as ordered shall be determined by taking into account the following circumstances, such as the defendant's time of committing a crime, the fact that the defendant was aware of and against his/her previous convictions for at least seven years, the fact that there was no record of punishment exceeding the fine, and the defendant's age, character and conduct, environment, circumstances, degree of drinking, and circumstances after committing a crime.