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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 1, 2008, the defendant was issued a summary order of KRW 5 million by the Cheongju District Court for the crime of violation of the Road Traffic Act and the violation of the Road Traffic Act.

【Criminal Facts】

On August 19, 2019, while under the influence of alcohol of 0.234 percent of blood alcohol content, the Defendant driven a G car in a section of about 10 meters from the 10-meter radius to the Dammy road located in the Cheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Cheongbuk-gun, the Cheongbuk-gun Office located in the Cheongbuk-gun.

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. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Control note;

1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to criminal records, investigation reports (the same type of criminal records and confirmation of suspects);

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 amendment of the law that reflects the seriousness of the harmful effects caused by the driving under the reason of sentencing in Article 62-2 of the Criminal Act and the high rate of recidivism by drinking drivers has been formed and implemented. Although the defendant had the record of punishment due to drinking driving, including the previous conviction in the judgment, it is contrary to the defendant's recognition of and wrong for the disadvantageous circumstances and crimes, such as driving of the vehicle in the state of drinking drinking, and the fact that drinking driving is not repeated in a short period, it is not repeated in a short period, and other favorable circumstances, such as the defendant's age, character and behavior, motive, motive for the crime, blood alcohol concentration, and the fact that the defendant must support the mother and his children, etc., a sentence as per the order shall be determined by taking full account of all the circumstances constituting the sentencing conditions specified in the records and arguments of the case.