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

[Criminal Power] On August 25, 2008, the Defendant was issued a summary order of KRW 3 million in the Changwon District Court's Jinju branch due to the crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

피고인은 2020. 5. 5. 12:54경 진주시 B 앞 도로에서부터 같은 시 집현면 냉정리 산156-7에 있는 집현터널 앞 도로에 이르기까지 약 10km 구간에서 혈중알코올농도 0.103%의 술에 취한 상태로 C 포터ΙΙ 화물차를 운전하였다.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of 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 statements of a drinking driver and report on the control of drinking driving;

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

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;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the defendant's blood alcohol concentration at the time of driving under the influence of alcohol, the status of the defendant at the time of driving under the influence of alcohol, the circumstances leading to the detection of drunk driving, the previous punishment records of the defendant, and the conditions of various sentencing as shown in the pleadings of the case