A defendant shall be punished by imprisonment for not less than eight months.

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

On September 23, 2005, the Defendant was subject to a disposition to forward the juvenile protection case due to a violation of the Road Traffic Act, etc. at the office of the Suwon District Prosecutors' Office, and on February 27, 2012, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's Branch, which was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act. On March 7, 2014, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act from the Suwon District Court's Sejong District Court's House site, and on July 14, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act.

Although the Defendant had driven at least twice under the influence of alcohol, on December 29, 2018, while under the influence of alcohol at least 05:40%, the Defendant driven DK7 automobiles at approximately 300 meters from the front of Pyeongtaek-si to Pyeongtaek-si in the influence of alcohol at around 0.096%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, investigation reports, etc. (attached to judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2(1) and (2) of the Criminal Act, even though the defendant was punished again for drinking driving, the nature of the crime in this case is not good, but the execution of imprisonment shall be suspended in consideration of the fact that the defendant repents his mistake and disposes of his motor vehicle, etc., and an incidental disposition shall be imposed to prevent recidivism.