A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 26, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) in Gyeyang Branch of the District Court in order to take on September 26, 2008, and on July 21, 2014, the Defendant was issued a summary order of KRW 1.5 million for the same crime in the same court.

On October 18, 2019, at around 23:10, the Defendant driven a DNA car with approximately approximately 20k alcohol content 0.101% under the influence of alcohol from the section of about 20km from the front of the C, which is located in the Papju City B, to the front of the Goyang-gu, Seoyang-gu D.

Accordingly, the defendant violated the prohibition of drinking driving more 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 before ruling: Application of criminal records, inquiry reports, investigation reports (before sound driving and confirmation)-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. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account all the factors such as the fact that community service and lecture attendance order had the record of punishment due to the reasons of sentencing under Article 62-2 of the Criminal Act, the fact that drinking alcohol is relatively high, confessions and reflects the crime, the distance of the defendant's driving, current situation of the defendant's age, and other factors of sentencing prescribed by Article 51 of the Criminal