A defendant shall be punished by imprisonment for not less than eight months.

except that 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 September 2, 2016, the Defendant was sentenced to a fine of KRW 5 million for the violation of the Road Traffic Act (driving) at the Suwon District Court's Eunpyeong site site on September 2, 2016, and a fine of KRW 4 million for the violation of the Road Traffic Act (driving) at the Suwon District Court's Pyeongtaek District Court's House on May 26, 2017, respectively.

Criminal facts

On April 6, 2019, at around 22:50, the Defendant driven a e-cap-car in the state of alcohol alcohol concentration of approximately 150 meters from the section of approximately 150 meters to the road near Pyeongtaek-si C, “D” in Pyeongtaek-si C.

As a result, the defendant has been driving a motor vehicle under the influence of alcohol again even though he has violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to a summary order of the same criminal records as a suspect);

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do141, Feb. 21, 201>

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);