Defendant shall be punished by imprisonment for a term of one year and two 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 April 9, 2007, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on the 20th of the same month, and the summary order became final and conclusive on the 20th of the same month. On September 5, 2008, the court issued a summary order of KRW 3 million for the same crime at the same court on the 13th of the same month, and the summary order became final and conclusive on the 100,000 won. On August 9, 2012, the same court issued a summary order of KRW 5 million for the same crime and became final and conclusive on December 28, 2012.

On November 17, 2019, the Defendant driven a ESF string car with approximately 15 km from the roads front of Gyeonggi Hyeong-gun B to the roads front of Namyang-si, Namyang-si, while under the influence of alcohol of 0.085% of blood alcohol level around 09:48.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the statement of the status of the driver under the influence of alcohol, investigation report (report on the status of the drinking driver), and

1. A statement on criminal records, reports on the results of confirmation of each disposition, each summary order, and the application of statutes on judgments;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant was punished for the crime of violating the Road Traffic Act (driving) around 2000, around 2000, around 2001, around 2003, around 2007, around 2007, around 2008, around 2012, around 2012, and around 2012. In particular, considering the fact that the blood alcohol content of this case is 0.085% at the intervals with the previous penal records of this case, and the so-called “nive driving case,” the so-called “nive driving case,” the following factors are considered.