A defendant shall be punished by imprisonment for not more than ten 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 July 20, 2014, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Suwon District Court on July 20, 201, and the same court on November 21, 201 of the same year, respectively, to a fine of three million won for a violation of the Road Traffic Act.

On November 23, 2018, the Defendant, who had been punished for drunk driving twice or more as above, driven a Efranion vehicle from approximately 2 km to Ddong underground parking lots located in the same Gu, under the influence of alcohol level of 0.080% in blood alcohol level around November 23, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same criminal records);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 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. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures shall be determined by selecting imprisonment and punishing a person in consideration of the fact that the defendant had been punished twice from 2014 to dacting driving again despite the fact that he/she had a record of driving under drinking again, and a suspended sentence shall be imposed in consideration of the fact that prior to the instant crime

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.