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 January 7, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s site site, and KRW 1.5 million for the same crime from the same support on June 10, 201, respectively. On June 16, 2009, the Defendant was sentenced to a fine of KRW 700,000 for the same crime.

【Criminal Facts】

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on January 8, 2019, at around 23:38, the Defendant driven a Cgallon-II vehicle in the section of about 10km from the road located in the Suwon-si, Suwon-si, the Ggallon-gu, the Sinwon-si B Office of the East-dong Highway to the North Korean orchard of the Suwon-si, the alcohol content of which was 0.138% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control and the drinking-measurement;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal investigation reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Article 62 (1) of the Criminal Act;

1. The defendant for the reason of sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures may be selected and punished in consideration of the fact that he/she had been punished for drinking driving in 209, 201 and 2016, notwithstanding the fact that he/she had the record of punishment for drinking driving again, and a suspended sentence shall be imposed in consideration of the fact that he/she had no record of punishment exceeding the fine before

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.