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 September 18, 2017, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on September 18, 2017.

On July 20, 2019, at around 07:30, the Defendant driven CMW car under the influence of alcohol with approximately 5km alcohol concentration of about 0.092% from the 5km section of the South Sea Highway from the front of Jinju to the front road of about 69.3km in Jinju City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes;

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 (which acknowledges the commission of a crime; other circumstances, etc.);

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