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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 14, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine of KRW 1 million due to a violation of the Road Traffic Act, and on February 13, 2009, the same court received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving).

On October 21, 2019, at around 08:38, the Defendant driven an Ethic vehicle while under the influence of alcohol content of 0.098% from the 10k section of blood alcohol content from the ethic City B apartment Cdong parking lot to the front of D in Sungsung City.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Notification and output of the results of the drinking driving control, the circumstantial statement of a drinking driver, and investigation report (the circumstantial report of a drinking driver);

1. Records of judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

However, in light of various circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result of the crime, etc., the punishment as ordered shall be determined by taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the defendant's drinking driving force has passed more than 10 years since the date of the crime of this case; and (c) the defendant supported the minor children who are intellectually disabled; and (d) the defendant supports them