A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 20, 2016, the Defendant was sentenced to imprisonment for one year and two years of suspended execution with respect to the crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

On September 5, 2019, around 21:25, the Defendant driven a F QM5 car while under the influence of alcohol content of 0.059% from the Do in front of the C Office in Jinju to the front of E located in D from the 500m Do in the direction of bad 500 meters.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, and the application of the same-mentioned Acts and subordinate statutes to the defendant;

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. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Consideration, blood alcohol concentration, driving distance, etc.);

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