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 June 12, 2012, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Incheon District Court's Busan Branch Branch.

On November 11, 2019, at around 03:19, the Defendant driven a propelled car with approximately KRW 0.192% alcohol concentration in the section of approximately 1km from the C frontway in Silung-si B to the D frontway in the same city.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and notification on the result of drinking test;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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. The fact that the number of blood alcohol concentration for sentencing under Article 62-2 of the Criminal Act is very high, and that there was a record of being punished for driving under drinking in 2012: Provided, That there is no record of criminal punishment other than the above drinking prior to drinking and there is no record of criminal punishment, and considering all circumstances, such as the fact that