A defendant shall be punished by imprisonment for a term of one year and eight 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 October 21, 2011, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, etc., and a summary order of KRW 3 million from the same court on July 12, 2017 to a fine for the same crime, etc.

On September 13, 2019, at around 03:44, the Defendant driven a DNA halog car in the state of alcohol 0.131% of alcohol concentration at approximately 500 meters from the 500-meter section from the cafeteria road located in the French city B (hereinafter referred to as the “GG”) to the front road of the CG.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has had a record of driving under drinking not less than twice, drives under the influence of alcohol not less than twice, and the nature of the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due

Defendant has already been punished four times due to drinking driving, etc.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, two times during the influence of drinking driving of the defendant has passed since the date of the crime of this case, and other various circumstances, such as the age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime of this case, which are conditions of sentencing as shown in the records, such as the circumstances after the crime, shall be determined as ordered.