A 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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 25, 2010, the Defendant was issued a summary order of KRW 2 million at the Ulsan District Court for a violation of the Road Traffic Act, and on March 27, 2013, the Defendant was sentenced to a suspended sentence of two years in August.

【Criminal Facts】

On April 13, 2020, at around 22:59, the Defendant driven a DNA strawing car under the influence of alcohol content of approximately 0.086% from the 2km section to the road of Pyeongtaek-si and Pyeongtaek-si, the “Misung Office”, “Misung Office” to the road of Pyeongtaek-si B and the “Misung”.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

Defendant’s legal statement

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (verification of criminal records of the same kind as a suspect);

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 sentencing of Article 62-2 of the Criminal Act on the grounds of the imposition of orders to provide community service and attend lectures shall include the drinking of this case, the records of the same crime, including the suspended sentence of imprisonment, and other various sentencing conditions under Article 51 of the Criminal Act on the records of this case, including the defendant's age, character and conduct, and the environment.