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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 19, 2008, the Defendant was sentenced to 6 months of imprisonment with prison labor for the violation of the Road Traffic Act (driving) and 2 years of suspended execution. However, on October 13, 2019, the Defendant driven a car with G-owned by the Defendant’s father while under the influence of 0.086% of blood alcohol level in the section of approximately 1.8km from the roads near Gangnam-si B to the front roads in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

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

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: A heavy punishment is required for a drunk driving as well as a crime that may threaten another person's life and body, and the defendant has been under the influence of drinking driving two times prior to the instant case (one time a fine is imposed, one time a suspended sentence), or one time a suspended sentence) or one time a punishment has been imposed: A favorable circumstances in which the defendant recognized the crime and seriously reflects his mistake; the defendant has no record of punishment for a drunk driving after 2009; and the defendant has no record of punishment for a drunk driving; the defendant's age, character and behavior, the environment, the circumstances after the crime, etc.; and the various sentencing conditions specified in the records and arguments of the instant case, including the circumstances after the crime, shall be determined as ordered by the disposition.