A defendant shall be punished by imprisonment for not less than one year and six 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

On May 19, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act, and a summary order of KRW 1 million as a fine at the Jung-gu District Court on November 3, 201, respectively, on the same crime.

On January 24, 2020, the Defendant, while under the influence of alcohol of 0.128% from blood alcohol level 0.1:06, driven the said car from a section of about 5 km from the front of the Gyeonggi-si to the front of the said city road at the same time, and driving the said car from a section of about 5 km from the front of the Gyeonggi-si to the front of the said city. On January 27, 2020, at around 07:55, the Defendant was under the influence of alcohol level of about 0.154% from the front of the Gyeonggi-do-si to the same luminous-ro 54 meters from the front of the said city, and from the front of the luminous police box to the road of about 2.9km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of each drinking driver, and each investigation report (report on the circumstances of the drinking driver);

1. Application of Acts and subordinate statutes on criminal records, reply reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for a crime, and 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 reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a meeting, committed again the crime of this case even if the defendant had a previous record of multiple times, driving under drinking again on January 24, 2020, driving under drinking again on only three days after drinking again, the defendant's reason for driving under drinking is very poor, the defendant's blood alcohol concentration was considerably high, and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc.