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

[criminal power] On April 27, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 4 million as a fine in the same court on May 2, 2016, respectively.

【Criminal Facts】

On July 11, 2019, the Defendant driven a Cdecent car under the influence of alcohol with approximately 0.172% of alcohol level 0.172% from the national highways No. 7, before the entrance of the 3970 Yol Toluth, to the roads of the same city budio from around 4.2 km to the roads.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver) and on-site photographs;

1. An investigation report (Attachment to a closure on the screen of a distance portal site);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of the summary order;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The drinking driving requires strict punishment as well as the crime that is highly likely to cause harm to the life and body of others; the Defendant has been subject to punishment three times prior to the instant case, while driving under the influence of alcohol; and the Defendant has a high blood alcohol level of the Defendant at the time of the instant case: (a) the Defendant would not drive under the influence of alcohol again while against the Defendant’s crime; and (b) the record and pleading of the instant case, such as the Defendant’s age, character and behavior, environment, background of the crime, circumstances after the crime, etc.