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 March 12, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court of the Republic of Korea on March 12, 2009, and a fine of one million and five hundred thousand won as a crime in the Suwon District Court of the Republic of Korea on August 24, 2009.

On September 4, 2019, at around 23:10, the Defendant driven D K7 car under the influence of alcohol with approximately KRW 7 km alcohol concentration of about 0.116% from the road in front of the same SinHan-dong 356-1, Dongn-dong, from September 4, 2019 to the road in front of the same Dongn-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act 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 situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (previous and confirmation), and application of summary order Acts and subordinate statutes;

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 punishment as ordered shall be determined by taking into account the following factors: (a) the two times of the record of punishment for driving under drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that drinking alcohol is relatively high; (c) the confession and reflect of the crime; (d) the current situation of the defendant's custody; and (e) the sentencing conditions stipulated under Article 51