1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 27, 2009, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court as a violation of the Road Traffic Act (driving) and a fine of KRW 4 million by the same court on April 10, 2013.

【Criminal Facts】

On October 26, 2018, at around 01:14, the Defendant driven a DNA car while under the influence of alcohol content of 0.121%, from the roads near Suwon-gu, Suwon-si B to the roads near Suwon-gu, Suwon-si, Suwon-si C.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and output of a drinking measuring instrument;

1. Previous convictions indicated in judgment: Criminal history records, references to each disposition, reporting on the results of confirmation, and application of Acts and subordinate statutes of a summary order;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the Order of Community Service [the scope of punishment] From six months to one year and six months of imprisonment (the decision of sentence] as follows, and the sentencing conditions indicated in the records, such as the defendant’s age, character and behavior, environment, motive and circumstances after the crime, etc. were considered as follows. The sentence was determined as ordered.

D. Unfavorable circumstances: The defendant did not know about the fact that he committed the crime of this case without being aware of the fact that he had been punished three times due to drinking driving, and shows a attitude to seriously reflect his intention to dispose of the vehicle and not drive again in the future.