A defendant shall be punished by imprisonment for a term of one year and four 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 August 28, 2009, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court due to a violation of the Road Traffic Act.

On September 29, 2019, the Defendant, as a person who violated the prohibition of drunk driving regulations as above, driven the ECoC car in the state of alcohol of about 0.134% in the section of about 2km from the front of the C-way in Young-si, Suwon-si, Suwon-si, to the front of the D-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the results of the crackdown on drinking-driving, measurement set, investigation report (report on the circumstances of the drinking-driving driver), and statement report on the circumstances of the drinking-driving driver;

1. Records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of a suspect's drunk driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with regard to the order to provide community service and attend lectures is that the defendant, who has a record of drinking driving, re-driving, and the crime is not less than that of the crime, but not less than that of the blood alcohol concentration due to drinking in this case;

The defendant has been subject to punishment for being found to drive under drinking twice.

However, it is ordered that the defendant recognized the crime of this case and divided his mistake, and all of the records of the defendant's drinking driving force have passed since the date of the crime of this case, there are no other criminal records except four times of fine, and there is no other criminal records that have been punished since 2010. In addition, it is ordered as ordered in consideration of various circumstances that are the conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and result, and the circumstances after the crime.