A defendant shall be punished by imprisonment for two years.

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 June 21, 2017, the Defendant received a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch, and on April 3, 2018, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act from the Ansan Branch of the Suwon District Court due to a violation of the Road Traffic Act.

Although the Defendant violated Article 44(1) of the Road Traffic Act twice as stated in the crime record, the Defendant, from around 00:23 August 19, 2019 to around 00:00,000, 200 to about 0.078% of the blood alcohol concentration in the 5km section of approximately 5km, as he was under the influence of alcohol from around the military police box located in the Singdong-dong in Ansan-si, Ansan-si to the 415 water resource construction distance, was in violation of Article 44(1) of the Road Traffic Act on at least two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, output of a drinking measuring instrument, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Inquiry into materials about foreign crimes and investigation experience, and application of Acts and subordinate statutes to report criminal investigations (verification of criminal records of the same kind);

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. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the timing and frequency of punishment for driving under influence before sentencing of Article 62-2 of the Criminal Act and the degree of blood alcohol concentration;