A defendant shall be punished by imprisonment 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 June 12, 2009, the Defendant was sentenced to 6 months of imprisonment with prison labor and 1 year of suspended execution due to a violation of the Road Traffic Act (driving) at the Seoul Northern District Court’s Seoul Northern District Court on June 12, 2009. On February 26, 2018, the Defendant issued a summary order of 4 million won due to a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch on at least two occasions, but on June 16:15, 2019, the Defendant driven E Cost She under the influence of alcohol concentration of 0.139% from the 300-meter section to D in the light-time road.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the report on the occurrence of a traffic accident, and the scene photograph of an accident;

1. Report on the statement of the state of a drinking driver, report on the results of the regulation of drinking driving, report on the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

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; the choice of a criminal sentence

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive and background of the crime, blood alcohol concentration level, drinking driving distance, circumstances after the crime, etc., and the sentencing conditions shown in the records and arguments of this case;

D. Unfavorable circumstances: A crime that may cause serious damage to another person's life, body, or property needs to be punished, and the occurrence of a traffic accident caused by a driving under the influence of alcohol occurs, and the defendant has the record of punishment for driving under the influence of alcohol in around 2009 and around 2018, which is favorable to the fact that driving under the influence of alcohol is conducted under the influence of alcohol: the defendant recognizes the crime.