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] The Defendant, at the Changwon District Court on December 9, 2016, received a fine of three million won due to a violation of the Road Traffic Act (driving) in the Jinwon District Court on December 9, 2016, has the criminal records subject to punishment for drinking driving.

【Criminal Facts】

On July 25, 2019, at around 02:10, the Defendant driven a Clearning car under the influence of alcohol with approximately 2 km alcohol concentration of about 0.162% from the front of the main station in which it is impossible to identify the trade name in the Jinju-si Station at the Jinju-si, to the front road of Jinju-si.

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. Photographs of the accident site, report on the circumstantial statement of the driver concerned, investigation report, inquiry report (report on the status of the driver concerned), inquiry request for appraisal, and written report on the driver concerned, and the result of blood collection;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the defendant's blood alcohol concentration, the distance of driving, the circumstances leading to driving, the occurrence of an accident due to the drinking driving of this case, the sale of the vehicle that was driven, the fact that the driver will not drive under the influence of alcohol in the future, and the defendant's previous record of punishment, and the conditions of various kinds of sentencing as shown in the argument of this case shall be determined as per the disposition.