A defendant shall be punished by imprisonment for a term of one year and two months.

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

[Criminal Power] On April 26, 2013, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act once as stated in the above criminal records, at around 21:55 on December 23, 2019, the Defendant driven an E300 car under the influence of alcohol concentration of about 0.238% from a 500-meter section of the “C” store located in Ansan-si, Seoul-si, Seoul-si, to the front distance of D, and violated Article 44(1) of the Road Traffic Act by driving an E30 car under the influence of alcohol concentration of about 0.238% at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A survey report on the actual condition and a black fluore for damaged vehicles;

1. Report on the circumstantial statements of a drinking driver, and photographs of a drinking tester;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports (verification of the same type of crime records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. An order to attend a lecture is issued twice the grounds for sentencing under Article 62-2 of the Criminal Act. In 2013, an accident caused by drinking alcohol driving has been filed, and the right ofpass has been made simultaneously.

Accidents beyond the central line;

(b) The degree of blood alcohol concentration is very high. There is a conflict with the victim of a traffic accident. The victim caused the minor accident (limited to physical damage due to the victim's behavior to stop by the crosssection).