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 July 11, 2008, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (refluence of measurement), etc. at the Changwon District Court's Jinju branch on July 11, 2008, and on October 22, 2008, the same court was sentenced to imprisonment for 4 months and 2 years of suspended execution.

On June 12, 2020, at around 01:00, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.120% from the 7km section to the Plaintiff located in the Cheong-gun-gun-gun Masan-gun in front of the C branch located in Busan-gun.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. 112 Reporting case management table;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and copies of judgment;

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 (i.e., confession, vehicle disposal, and penal power);

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

1. Bearing litigation costs: The main sentence of Article 186 (1) of the Criminal Procedure Act;