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 April 28, 2011, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 28, 201; on November 17, 201, the Defendant was issued a summary order of KRW 1 million for the same crime from the same support to the same crime; on January 10, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime.

On October 18, 2019, at around 07:25, the Defendant driven a e-car at a distance of about 200 meters from B B B B lending to C while under the influence of alcohol level of 0.073% from blood alcohol level.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the report stating the circumstances of the driver; and

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, each summary order, application of statutes related to judgment;

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. The accused has been punished for drinking driving on several occasions even before the reason for sentencing Article 62-2 of the Criminal Act on probation and order to attend a lecture.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.073%.

However, it is against the defendant's recognition of the crime of this case, and the crime of this case constitutes the so-called "nurging driving" operated by the defendant with no drinking alcohol at night prior to the previous night, and the circumstances that may be somewhat considered. Considering the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, age, environment, criminal record relations, etc., the punishment as ordered shall be determined by taking into account all the factors such as the following circumstances.