A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 23, 2009, the Defendant was sentenced to a suspended sentence of two years for four months by imprisonment with labor for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

On December 13, 2020, the Defendant driven an E-3 vehicle while under the influence of alcohol with about 0.179% alcohol level from the 2km section from C before 16:23 occ to D occa.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to a defendant's legal statement and report on the results of regulating driving of alcohol (the same kind of power);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing grounds of Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc., shall be determined as ordered by taking into account the circumstances leading to the driving of the instant drinking, including the drinking volume at the time of drinking, the criminal punishment by the Defendant’s previous criminal act, and all other circumstances, including the criminal punishment by the Defendant.