A defendant shall be punished by imprisonment with prison labor 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 September 22, 2006, the Defendant received a summary order of KRW 2 million from the Cheongju District Court to a fine of KRW 2 million for a violation of the Road Traffic Act. On April 27, 2015, the same court received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 29, 2019, at around 01:50, the Defendant driven a B liquid vehicle under the influence of alcohol by 0.129% in blood alcohol concentration from around 20km to around 59.6 km in the Pyeongtaek-si Highway located in the Haak-gun, Chungcheongnam-gun, Chungcheongnam-gun, and 59.6km located in the Haak-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the results of the control of drinking driving, report on the circumstantial statement of drinking drivers, investigation report (report on the circumstances of drinking drivers), inquiry into the results of drinking driving, and report on the status of drinking drivers;

1. Previous records of judgment: Application of Acts and subordinate statutes of each summary order, such as the details of inquiries about the management of the report on detection of a host driver, criminal records, inquiry reports, investigation reports (verification of the same kind of records, etc.);

1. Imprisonment with labor under Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the timing for and degree of drinking of the same kind of crime);

1. Article 62 (1) of the Criminal Act (the same Article shall not apply to any person who has no previous conviction or heavier than the suspended sentence);

1. Social service order under Article 62-2 of the Criminal Act;