A defendant shall be punished by imprisonment for not less than 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 25, 2013, the Defendant issued a summary order of KRW 1,50,00 to a fine for violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on October 25, 2013.

On July 11, 2019, at around 13:35, the Defendant driven a C Car at a 1km section from the front of the Defendant’s accommodation in Gyeongnam-gun, Gonam-gun, with a blood alcohol concentration of 0.108%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 amendment of the law that reflects the seriousness of the harmful effects caused by the driving under the reason of sentencing in Article 62-2 of the Criminal Act and the high recidivism rate of the drinking driver is formed and implemented. Although the defendant had the record of punishment due to the driving under the influence of alcohol, including the previous conviction in the judgment, the defendant recognized the disadvantageous circumstances and crime, such as drinking and driving of the vehicle, and there is no record of punishment exceeding the fine for the driving under the influence of alcohol, and there is no record of repeated driving under the influence of alcohol in the short term, and there is no serious result of the traffic accident, etc., the defendant's age, character, motive, motive, concentration of the blood alcohol, and all other circumstances that are the sentencing conditions specified in the records and arguments in the instant case, including the records and arguments of the case shall be determined as follows.