A 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 July 24, 2009, the Defendant was sentenced to a suspended sentence of two years in August, 2009 by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 7, 2019, at around 07:38, the Defendant driven a Crerequ sports car in the state of alcohol alcohol concentration of approximately 0.124% at the 1km section from the 1km road from the calendar Tririri Station located in Gangnam-gu Seoul Metropolitan Government to the road located in the same Gu B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. A written appraisal of blood alcohol;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same kind of judgment on driving under the influence of alcohol);

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 sentence shall be determined as ordered in consideration of the various conditions of sentencing specified in the pleadings of this case, including the following: (a) the degree of blood alcohol concentration, driving distance, and the same criminal records [as stated in the criminal records in the judgment of the defendant, the imprisonment was 8 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), the violation of the Road Traffic Act (Crime of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the fact that there was no same criminal records within about 10 years thereafter; and (b)