A defendant shall be punished by imprisonment for not less than eight 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

On October 31, 2006, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Seoul Central District Court on the same day. On January 9, 2007, the Defendant received a summary order of KRW 3.5 million due to a crime of violation of the Road Traffic Act (driving) and was punished by a summary order of KRW 6 million at the same court on April 24, 2009.

Nevertheless, at around 20:00 on May 3, 2019, the Defendant driven an Erocketing car with approximately approximately 200 meters of alcohol concentration 0.129% while under the influence of alcohol at around 0.129%, from the public parking lot located in Western City B to the D cafeteria in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the result of crackdown on drivers, report on the circumstantial statements of drivers, and report on the circumstances of drivers;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., investigation reports, and summary orders;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the circumstances, such as the contents of the criminal records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, the time and frequency of the crime, the blood alcohol concentration, the distance from drinking driving, the existence and conduct of traffic accidents and the age of the accused, character and conduct, environment, family relationship