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 March 11, 2013, the Defendant was issued a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the Gyeyang Branch of the Suwon District Court to a fine for the same crime on December 4, 2009.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as above, on May 7, 2019, he again driven a ice-rating car with a blood alcohol content of about 0.112% while under the influence of alcohol at approximately 1.5km from the front road in Suwon-si, Suwon-si, Suwon-si, to the front day of the sports ground shooting distance in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Jun. 25, 2019);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The court shall select and punish imprisonment for the reason of sentencing under Article 62-2 of the Criminal Act, taking into account the fact that the defendant had a history of punishment for drinking driving, even though he/she had the same record, and shall not have any record of punishment exceeding the fine prior to the crime of this case, order suspension of execution shall be sentenced in consideration of the fact

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.