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 2, 2015, the Defendant had a record of having received a summary order of KRW 5 million from the Changwon District Court due to a violation of the Road Traffic Act (driving).

On September 20, 2019, at around 21:30, the Defendant driven a Fsch Rexton vehicle under the influence of alcohol concentration of about 0.035% from around 50 meters to the e-mail front road located in Kimhae-si D in Kimhae-si.

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 Acts and subordinate statutes to criminal records, inquiry reports;

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 defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he had a record of punishment several times due to drinking driving, again, driven under the influence of alcohol in this case.

However, the fact that the defendant is aware of and reflects on the time of committing the crime, and the blood alcohol concentration is 0.035% and has not been punished before the amendment of the Act, and the distance of driving is 50 meters only, and the punishment shall be determined as ordered, taking into account the various circumstances such as the defendant's age, character and conduct, environment, family, circumstances after the crime, and circumstances after the crime.