A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[Criminal Power] On April 3, 2009, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on October 28, 2016, issued a disposition of suspension of indictment for a violation of the Road Traffic Act at the office of the horizontal site of the Suwon District Prosecutors' Office.

【Criminal Facts】

On April 28, 2019, at around 04:34, the Defendant driven a k7-car under the influence of alcohol content of 0.219% from around approximately 1.5 km section from the 9 Ansan Sinsi-si’s installment savings to the 9 Ansan Sinsi-si’s roads adjacent to the same Gu B apartment Cdong.

Accordingly, the defendant, who violated the prohibition of drinking driving regulations not less than twice, was driving a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Papers of measurement records of drinking alcohol;

1. Before judgment: Criminal history records, reply reports, non-prosecution decisions, application of police-related Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime; the choice of a criminal sentence

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

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

1. All circumstances, such as the fact that there are two or more criminal records and one time before the same kind of punishment in Article 62-2 of the Criminal Act, the fact that the blood alcohol concentration is high, while the defendant acknowledges and reflects the mistake, etc.