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

[criminal power] On February 21, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on September 17, 2010, the Defendant issued a summary order of KRW 3.5 million for the same crime at the same court on September 22, 2010, and on October 22, 2010, the same court issued a summary order of KRW 5 million for the same crime, and on December 19, 2013, the Defendant was sentenced to a summary order of KRW 5 million for the same crime at the Seoul Northern District Court on December 19, 201, and was sentenced to a suspended sentence of KRW 8 months for the same crime, and on September 3, 2015, the Defendant violated Article 44(1) of the Road Traffic Act, including imprisonment with prison labor for the same crime, etc.

【Criminal Facts】

On October 18, 2019, at around 18:20, the Defendant driven D large-scale cocopia while under the influence of alcohol 0.190% in a section of about 800 meters from the front of Seongbuk-gu Seoul to the front of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report on actual condition of a driver, a circumstantial statement of a driver, and a report on detection of a driver;

1. Photographs of the suspect, wheels and vehicle;

1. Previous records of judgment: Application of criminal records, inquiry reports, court rulings, and other Acts and subordinate statutes;

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 crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was committed by the Defendant, even though the Defendant had been subject to criminal punishment on six occasions due to drunk driving, and the quality of the crime is not good. The Defendant was in a state of being taken to the degree that he was running a motorcycle, and the Defendant’s blood alcohol concentration level was considerably high, and the risk of the above crime was significantly high.

However, the defendant's mistake is divided in depth, such as that he would not drive the vehicle itself in the future while disposing of the vehicle.