Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 4, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Jinwon District Court's Jinju branch.

【Criminal Facts】

At around 20:40 on June 13, 2020, the Defendant driven a FM5 car under the influence of alcohol content of about 700 meters from the front of “C” in Jinju-si B to the front of “E” located in D at Jin-si, to the front of “E” in Jin-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the defendant's blood alcohol concentration at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the previous records of the defendant's punishment, and the conditions of various sentencing as shown in the arguments of this case.