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.

Criminal facts

Some of the facts charged were corrected.

On September 18, 2006, the Defendant received a summary order of KRW 500,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on September 18, 2006, and a fine of KRW 2,00,000 as a same crime from the Busan District Court Branch of the Incheon District Court on May 11, 2009, and on April 17, 2013, the Defendant was sentenced to one year of a suspended sentence of imprisonment for the same crime at the Seoul Southern District Court.

Although the Defendant violated the provision on the prohibition of drunk driving twice or more, on April 25, 2019, the Defendant driven a DNA car from approximately 500 meters away from the 500-meter section to the front of the same Si under the influence of alcohol level of 0.178% around 00:25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the results of crackdown on drinking driving (five pages of investigation records);

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, the Defendant driven the SUV vehicle under the influence of drinking alcohol level 0.178%, even though the Defendant was subject to a suspended sentence of imprisonment in around 2006, around 2009, and around 2013.

The main circumstances are to be taken into account, but the defendant's attitude to recognize and reflect the defendant's mistake, the defendant did not have been sentenced to more severe punishment than the fine except for the previous conviction of the above suspended sentence, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered in consideration of the overall circumstances such as the following circumstances.