A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On March 14, 2011, the Defendant issued a summary order of a fine of KRW 2.5 million at the Changwon District Court for a violation of the Road Traffic Act, and on June 20, 2012, the Defendant was sentenced to imprisonment for six months at the Changwon District Court for a violation of the Road Traffic Act.

On December 22, 2019, at around 00:05, the Defendant driven a DNA car in the state of alcohol with approximately 2 km alcohol concentration of about 0.068% from the 2km section to the roads in front of the coast of the sea of mutual influence located in Kim Young-dong, Kimhae-si, Kim Young-si, to the roads in front of the funeral hall in Kimhae-si, Kimhae-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act ( considered as follows):

1. The fact that the reason for sentencing under Article 62-2 of the Criminal Act (unfavorable circumstances) is three times the same as that of the order to attend a lecture and the order to provide community service, and that there is a previous conviction of this kind of punishment (negative) contrary to the fact that the order to attend a lecture and to maintain a livelihood