The punishment of the accused shall be determined by six months of imprisonment.

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

Punishment of the crime

On June 10, 2013, the Defendant was sentenced to imprisonment with prison labor for a period of two years and three years of suspended execution at Seoul Southern District Court for a violation of the Road Traffic Act and the same year.

9. 24. The same court has been issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act.

Notwithstanding the above two or more times of alcohol driving skills, the Defendant driven a Dco-sports car in the direction of approximately 3 km from the front of Seocheon-si, B to the front of C on February 2, 2019, while under the influence of alcohol content of about 0.162%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, 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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The fact that Article 62-2 of the Criminal Act of the Order to Attend the course of sentencing states that it would not repeat the crime, such as the numerical value of blood alcohol concentration for the reason of sentencing, the distance and section of drunk driving, the circumstances leading to the reduction of drinking driving, the frequency and contents of the records of punishment for the same kind of crime (which has the record of suspension of execution in 2013, but is deemed to have been caused by a double-class crime which has not been punished by statutory penalty), the time interval from the last record to the time of the crime of this case after the last record, the confession of the crime and the misunderstanding of the mistake, and the disposal of the vehicle driven at the time of the crime of this case, and other sentencing conditions indicated in the argument of this case, such as the defendant's age, character and behavior, environment, background of the crime, and circumstances after