A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 22, 2008, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act by the Ulsan District Court. On October 17, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek District Court’s Pyeongtaek District Court’s site site, and on May 19, 2016, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act.

On December 30, 2019, at around 23:03, the Defendant driven a motor vehicle in the Stwit area under the influence of alcohol with about 0.042% of alcohol level from around 750 meters to Pyeongtaek-si roads.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

Defendant’s legal statement

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, the previous records, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, 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. The sentencing of Article 62-2 of the Criminal Act for probation, order to attend a lecture, and order to provide community service order shall be based on a comprehensive consideration of the circumstances surrounding the Defendant’s drinking operation, the criminal records of the Defendant, the age, character, conduct, environment, etc. of the Defendant, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of