A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On January 6, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court, and on March 22, 2012, the same court issued a summary order of KRW 5 million as a fine for the same crime.

【Criminal Facts】

On May 12, 2019, at around 05:00, the Defendant driven B rocketing car under the influence of alcohol content of about 0.143% in the section of about 5 km in the vicinity of the balan distance in Suwon-si, Suwon-si, under the influence of alcohol concentration of about 0.143% in the vicinity of the balan Convention.

Accordingly, the defendant, who violated the Road Traffic Act prohibition on drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The sentence shall be determined as ordered in consideration of various conditions of sentencing shown in the records and pleadings, such as the Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime, etc., and the fact that there is no record of criminal punishment heavier than a suspended sentence: The fact that there is two times the records of criminal punishment for drinking driving; the blood alcohol concentration level of the Defendant is considerable;