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 October 11, 2006, the Defendant was sentenced to a summary order of KRW 500,000 as a crime of violating the Road Traffic Act in the Sung-nam branch of Suwon District Court, and on April 7, 2017, the Defendant was sentenced to a summary order of KRW 3 million for the same crime at least twice as drinking driving.

Nevertheless, at around 18:54 on April 26, 2019, the Defendant driven an E-5 vehicle while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.068% from the front of the C cafeteria located in Seopopo City B to D.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a criminal investigation report;

1. Application of statutes concerning criminal records;

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) applicable to the crime

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

1. Article 62(1) of the Criminal Act suspended execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is not less than the sentence of suspension of execution, in light of the degree of drinking alcohol, etc., but the defendant has no criminal records of suspension of execution or more, and that the defendant has repented his mistake in depth, and other circumstances, such as the motive and circumstances behind the crime in this case

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;