Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On August 14, 2009, the Defendant issued a summary order of KRW 2 million at the Ulsan District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million for the same crime at the Changwon District Court on June 29, 2015.

【Criminal Facts】

The defendant, at around 18:00 on September 16, 2019, appears to be a clerical error in C in the records on the front of the village sperm B in Chungcheongnam-dong, Chungcheongnam-gun, Seoul, and correct it ex officio.

Until now on the road, D Poter vehicle was driven under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.162%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. 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: Criminal records, inquiry reports, and the application of related Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the records such as the blood alcohol concentration of the defendant at the time of driving under the influence of alcohol, the distance of driving, the circumstances leading to driving, the status of the defendant at the time of driving, the previous records of the punishment of the defendant, and the various kinds of sentencing