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

[criminal power] On November 19, 2014, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on November 19, 2014.

【Criminal Facts】

On September 21, 2019, around 20:45, the Defendant driven a D New SM5 car under the influence of alcohol leveling 0.108% in the 2km section from the front of “C” in Jinju-si B to the road next to “Jinju-dong” located in the same Si-dong.

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 convictions in judgment: Application of one copy of a statement of criminal history records, and a copy of a summary order;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records such as the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance of driving, the circumstances leading to driving, the status of the defendant at the time of driving, the previous records of the punishment of the defendant, and the various kinds of sentencing