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 February 16, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the crime of violation of the Road Traffic Act.

On September 22, 2019, at around 03:45, the Defendant driven a B rocketing car from the distance of about 1 km to about 45 km of the same route from the area near the Yandong in Ansan-gu, Ansan-gu to the 0.124% of blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to judgment)-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. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the timing, frequency, and contents of the previous punishment for drunk driving for sentencing under Article 62-2 of the Criminal Act, and the blood alcohol concentration in the instant case;