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

[criminal power] On January 15, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at Ansan Branch of the Suwon District Court on January 15, 2007; on January 10, 201, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on January 10, 201; on May 27, 201, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Suwon Branch Branch of the Suwon District Court on May 27, 201; on October 2, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) and on November 26, 2014, issued a fine of KRW 8 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 7, 2019, at around 00:01, the Defendant driven D New Flap car while under the influence of alcohol content of about 0.153% from the section of approximately 200 meters from the front of the Gumi-si B building to the C apartment front road.

As a result, the defendant, who has been engaged in the violation of the Road Traffic Act at least twice, was driving the said vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. As to the report on internal investigation (as to the attachment of photographs):

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Article 148-2 (1) 1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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 is that the defendant's same criminal records, blood alcohol concentration in the instant case, vehicle scrapping and the driver's license for drinking again, and the defendant's order to probation and attend lectures is required to not drive under the influence of alcohol.