A defendant shall be punished by imprisonment for not less than eight 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 March 15, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court around August 16, 2013.

On February 3, 2019, the Defendant, while under the influence of alcohol of 0.134% of blood alcohol concentration on February 21, 2019, driven a DNA rocketing car from around approximately 100 meters to the front road of the Namyang-si, Gyeonggi-do.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018) concerning criminal facts (the point of sound driving)

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 0.1% or more of the total amount of drinking alcohol), the driving distance is shorter than 100 meters, and the driving distance is shorter than

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;