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 18, 2013, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch.

At around 22:00 on June 29, 2020, the Defendant driven G K3 car while under the influence of alcohol concentration of about 0.122% at the 3km section from the E side F next to D located in Jinju to the road located in Jinju-si B.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendants’ legal statement

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., confession, vehicle disposal, and penal power);

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

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;