A defendant shall be punished by imprisonment for six months.

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 January 16, 2008, the Defendant was issued a summary order of one million won or more as a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch on January 16, 2008, and a summary order of one million won or more as a fine in the same court on October 30, 2009, respectively.

On February 16, 2019, around 21:25, the Defendant driven CM7 car with a blood alcohol concentration of about 0.192% from the 200-meter section from the 2nd underground parking lot of the B apartment of Jinju to the front road of the said apartment house.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report and actual condition investigation report, report on detection of a drinking driver, report on the circumstances of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records: Criminal records, inquiry reports, and the application of criminal records-related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Operation of an order to provide community service or attend lectures - Operation under the blood alcohol concentration higher than twice due to drunk driving - The occurrence of physical accidents is recognized as crimes and is divided. Since 2010, no penalty force shall be imposed.