A defendant shall be punished by imprisonment for a term of one year and two 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 November 21, 2008, the Defendant was punished three times by the Suwon District Court for the violation of the Road Traffic Act, such as receiving a summary order of a fine of one million won or more for the same crime. On December 9, 2019, the Defendant driven a Eknife vehicle under the influence of alcohol level of about 0.155% at a distance of about 15km from the front side of the C store located in Gangnam-si, Gangnam-si to the front side of the D apartment in the East Sea, around 21:57.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: The application of criminal records, inquiry and other 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. According to Article 62-2(1) of the Criminal Act, an order to attend the course of punishment shall be selected by taking into account the records of the same crime and the degree of taking the principal offense, the distance of driving the vehicle, and the defendant's confession and misunderstanding are divided. After being punished in 2008, there was no record of the same crime, and all of them were punished by a fine, the term of punishment as the order shall be set within the scope that the statutory punishment is mitigated, and the execution of the sentence shall be suspended only once on condition of taking the compliance driving instruction.