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 21, 201, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act in an Ansan Branch of the Suwon District Court on April 21, 201, and on May 16, 2012, the Defendant was sentenced to KRW 7,00,000 as a crime of violating the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on May 16, 201 and was sentenced to KRW 7,00,00 as a crime of violating the Road Traffic Act.

On October 23, 2018, the Defendant, while under the influence of alcohol of at least 0.05% of blood alcohol, driven a Franchising car with 400 meters of 40 meters from the front of the Dong-gu D apartment E-dong in Ansan-si, Ansan-si, Agsan-si, the Defendant was under the influence of alcohol of at least 0.05%.

Summary of Evidence

1. Partial statement on the third trial date of the defendant;

1. Each legal statement of witness G and H;

1. Partial statement of a witness I;

1. Statement of the police officer to I;

1. Papers of measurement records of drinking alcohol;

1. Photographs (Evidence No. 7);

1. A previous conviction in judgment: An inquiry letter, summary order, and application of 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. 15530, Mar. 27, 2018; Act No. 15530, Mar. 28, 2019);

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

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

1. Determination on the part not guilty or defense counsel's assertion on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., including the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.

1. On October 23, 2018, the Defendant driven the said car as indicated in the facts constituting the crime, under the influence of alcohol level of 0.089%, around 01:54 on October 23, 2018.

2. Determination

A. According to the evidence submitted by the prosecutor, around October 23, 2018, the blood alcohol level was measured against the Defendant on or around October 23, 2018, and as a result, the blood alcohol level was measured at 0.183%. However, the blood alcohol level at the time of the completion of the driving, despite the fact that the blood alcohol level was measured at 0.183%.