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 May 23, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on May 28, 2008, the same court received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act.

Although the Defendant violated Article 44(1) of the Road Traffic Act twice, on August 19, 2019, at around 15:46, the Defendant driven an Eststststy vehicle with a blood alcohol content of about 0.146% from the section of about 300 meters at the public parking lot located in the Dong-gu, Ansan-si, Seoul to the front road of D elementary school located in the same Gu C, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results and records of the drinking driving control, and a report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (verification of the same type of crime records), such as criminal records;

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. Taking into account all the circumstances, such as the timing of punishment for the previous drinking driving and recovery of the reason for sentencing under Article 62-2 of the Criminal Act and the blood alcohol concentration;