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 September 2, 2016, the Defendant was issued a summary order of a fine of three million won by the Changwon District Court for a crime of violation of the Road Traffic Act.

Criminal facts

On January 3, 2020, at around 23:45, the Defendant driven a FG4 U.S. car at approximately 300 meters away from the Do near the C company in Kimhae-si B to the road front of the Eriju station located in D, while under the influence of alcohol concentration of about 0.059%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstantial statement of a drinking driver, the written appraisal of alcohol during blood and the notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant has a criminal record of drinking alcohol driving once; (b) the Defendant’s age, character and conduct, and environment; and (c) the various sentencing conditions specified in Article 51 of the Criminal Act, which were