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 April 2, 2010, the Defendant was punished by a fine of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on April 2, 201, and a fine of KRW 3 million due to the same crime at the Seoul East District Court on April 22, 2010.

On May 16, 2019, at around 10:18, the Defendant driven CranxG car in the state of alcohol with approximately 2 km alcohol concentration of about 0.119% from the section of approximately 2 km from the roads near Changdong, Dobong-gu, Seoul to the roads in front of the Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the employee (the circumstantial report of the employee)

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (the same type of criminal records);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (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 defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act had been punished three times due to drinking driving, etc., but again carried out drinking driving in this case. Thus, the defendant needs to be punished corresponding thereto.

However, the defendant's mistake is divided and reflects his wrong and does not repeat the same mistake, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

The occurrence of a traffic accident has not occurred due to drinking driving.

People around the defendant want to take the defendant's wife against the defendant, and the defendant is financially difficult to support the living expenses of his parents.

Considering these circumstances and other conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, and environment, the execution of the above imprisonment is believed only once.