Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 20, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on October 2014, and on May 24, 2017, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crime in the same court.

【Criminal Facts】

On September 14, 2019, at around 23:59, the Defendant driven a D Uidi vehicle with a blood alcohol concentration of about 0.095% under the influence of alcohol in the section of approximately 200 meters from the G apartment complex in Sungnam-si, the Sungnam-si, the Sungnam-si, to the front of the building of the Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Inquiry the results of the drinking driving control;

1. Inquiries, inquiry reports, confirmation of suspect's past record of violation of the Road Traffic Act, and application of court rulings or statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act, records, such as the criminal records, gravity of crimes, drinking level, driving distance, and reflectivity, and other conditions of sentencing as shown in the records, including the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime, shall be determined as the same sentence as the order