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 July 1, 2015, the Defendant was sentenced to a fine of KRW 1,50,00 as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s smuggling support.

On August 24, 2020, at around 17:44, the Defendant driven a E-Poter vehicle while under the influence of alcohol content of about 0.058% at the 4km section from the front road of the house located in Gyeongnam-gun B to the front road of the D cafeteria located in the same Gun C.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the notification of the results of the crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 53 and 55(1)3 of the same Act does not relax a case in light of the blood alcohol concentration, criminal records of the same kind, etc., but does not repeat a crime in depth, and other circumstances, which are all the conditions for sentencing specified in the records and arguments of this case, are taken into consideration);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of the favorable circumstances in the above);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;