Defendant shall be punished by imprisonment for a term of one year and six 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 October 29, 2009, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the District Court of Jung-gu on October 29, 2009.

On December 6, 2019, around 22:42, the Defendant driven an Eco-car from the front side of the parking lot C located in Gyeyang-gu Seoul Metropolitan City, Seoyang-gu, to the front side of the same Gu D, with approximately 40 meters alcohol concentration of about 0.189%, while under the influence of alcohol, the Defendant driven an Eco-car.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the Defendant had been sentenced to a fine on three occasions due to drunk driving, but re-driving a motor vehicle.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct