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

On September 1, 2010, the Defendant received a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Cheongju District Court on September 1, 2010, and issued a summary order of KRW 7 million by the same court on June 7, 2013.

At around 23:50 on May 10, 2019, the Defendant driven a DNA car with approximately 10 meters of alcohol level 0.177% while under the influence of alcohol level 0.177% around the roads near the C Elementary School.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the results of the control of drinking driving, a report on the situation of a drinking driver, and an investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of drinking records);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 15530, Mar. 27, 2018); imprisonment with labor;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (number of times of the same kind of force, timing, and statement, etc. of the accused on the background of the crime in this case);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of suspended sentence of imprisonment or more);

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