A defendant shall be punished by imprisonment for one year.

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 January 16, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine for the violation of the Road Traffic Act.

On September 26, 2019, at around 00:06, the Defendant driven a siren car in a state of 0.128% alcohol concentration at approximately 240 meters in front of Pyeongtaek-si.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

On January 16, 2013, the Defendant received a summary order of KRW 5 million from the Suwon District Court to a fine for the violation of the Road Traffic Act.

On October 23, 2019, at around 06:25, the Defendant driven C Laren car in the state of alcohol with approximately 680 meters alcohol concentration of about 0.083% from the underground parking lot of “Eari” located in Pyeongtaek-si D to the front road of the same city.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

"2019 Highest 1534"

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Criminal history records, etc. inquiry reports "2019 Highest 1803";

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture, was prosecuted on September 26, 2019 for a drunk driving on September 23, 2019, and the Defendant had not shown any dogbing by driving again on October 23, 2019, including each of the instant drinking water.