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 April 27, 2015, the Defendant issued a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act at the site of Suwon District Court on April 27, 2015, and on August 5, 2013, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

On March 16, 2019, at around 08:56, the Defendant driven Cu Q5 car from around 2km to around 330 meters in the front of the corporate bank, located from the street in the front of Osan-si to the south of Osan-si, Osan-si, under the influence of alcohol content of 0.079% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of the case, and photographs thereof;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant, who has had a record of driving under the influence of alcohol not less than twice, has driven under the influence of alcohol, and the nature of the crime is not minor;

However, the order is issued in consideration of various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., and the sentencing conditions indicated in the record, such as the defendant's age, character and behavior, environment, motive of the crime, means and consequence of the crime, etc., which are very high in the blood alcohol concentration due to the drinking of this case, and the defendant seems to have been under the influence of driving of this case under the circumstance that the defendant was under the suspension of execution or higher level of care due to the drinking of this case.