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 February 6, 2009, the defendant was sentenced to a summary order of one million won for a crime of violating the Road Traffic Act at the Jung-gu District Court on February 6, 2009, and on March 12, 2010, the defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act.

On March 26, 2019, at around 23:39, the Defendant driven Csch Rexroth under the influence of alcohol content of about 0.137% in the section of about 5km from the insular land (hereinafter referred to as the “Insular City”) to the front road of Sinung-si (Seoul), with the influence of alcohol content of about 0.137%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

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

1. Taking into account all the circumstances, such as the defendant's criminal records, blood alcohol concentration level, driving distance, etc., that the reason for sentencing under Article 62-2 of the Criminal Act recognizes the defendant's mistake;