A defendant shall be punished by imprisonment for not more than ten 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

[criminal power] On July 12, 201, the Defendant was issued a summary order of KRW 1.5 million by the same court as the same crime on April 6, 2009, and a fine of KRW 2.5 million by the same court on October 21, 2008, respectively.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice as above, on April 11, 2019, the Defendant again driven a FNAS car in the state of alcohol alcohol concentration of about 0.103% from the front day of the restaurant located in Suwon-si B, Suwon-si to the front day of the store located in the same Gu D, to approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, 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. 16037, Jun. 25, 2019);

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be determined by selecting imprisonment and punishing imprisonment in consideration of the fact that the defendant had been punished three times from 2008 to dacting driving again despite the fact that he had been punished for drinking driving; however, prior to the crime of this case, he/she has no record of punishment exceeding the fine; and

The punishment as ordered shall be determined in consideration of the degree of blood alcohol, the background of the drinking driving, the distance and place of the drinking driving, and the age, character and behavior, environment, etc. of the defendant.