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 30, 2016, the Defendant was issued a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on September 30, 2016, and one million won as a fine in the same court on January 8, 2010.

Around August 23:30, 2020, the Defendant driven a Fdon acid car in the state of alcohol alcohol concentration of about 0.079% at the section of approximately 500 meters from the roads below the E located in Jinju City to the roads below the E located in Jinju City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports and application of 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 on the suspension of execution (Consideration, blood alcohol concentration, driving distance, and penal power, etc.);

1. Probation, order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;