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 December 31, 2015, the Defendant was issued a summary order of KRW 3.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on December 31, 2015.

On July 21, 2020, at around 22:10, the Defendant driven a B-to-purd vehicle at approximately 2 km from the road next to the Jinju-dong located in the same city-dong on the land-distance front of the Jinju-si, under the influence of alcohol level of 0.138%.

Accordingly, the defendant violated 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 statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records, etc.);

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 (i.e., confession and force on punishment);

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