Defendant shall be punished by imprisonment for a term of one year and two 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 October 12, 2009, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on October 12, 2009.

On December 20, 2019, at around 22:38, the Defendant driven a DNA car while under the influence of alcohol 0.274% in the section of approximately 500 meters from the front Do to C of the same city.

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. A report on the actual state of the driver;

1. Consent to blood collection and written confirmation;

1. Request for appraisal, request for blood appraisal, and written appraisal of blood alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of one summary order;

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. The reason for sentencing under Article 62-2 of the Criminal Act lies in the defendant's attitude of acknowledging his/her mistake and reflecting his/her wrongness.

There is no criminal history except before the judgment of the defendant.

The relationship between the defendant's social ties is clear, and the detention of the defendant is likely to involve excessive difficulties for his family members.

In addition, the defendant's age, character and conduct, environment, motive and background leading to the crime, degree of drinking, circumstances before and after the crime, etc. shall be determined by taking comprehensive account of various circumstances shown in the arguments in this case.