Defendant shall be punished by imprisonment for a term of 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 August 1, 2007, the Defendant received a summary order of KRW 700,000,000 from the Jung-gu District Court to a fine for a violation of the Road Traffic Act, a summary order of KRW 2 million for the same crime in the same court on February 2, 2012, and a summary order of KRW 7 million for the same crime in the same court on March 16, 2015, respectively.

On November 6, 2019, at around 16:45, the Defendant driven a car with F Reviewland in the state of alcohol alcohol concentration of approximately KRW 0.095% while under the influence of alcohol at approximately KRW 250 meters from the front of “C” in Scheon City B to the front of “E” in D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. 112 Reporting case management table;

1. Previous records before ruling: Application of criminal records, inquiry reports, copies of summary orders, and four copies of the summary orders;

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. Probation and taking lectures, the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include imprisonment with prison labor for the same kind of crime, such as drinking, unlicensed driving, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Road Traffic Act, etc., even before the accused has been punished several times;

Nevertheless, the crime of this case was committed while driving under the influence of the blood alcohol concentration of 0.095%.

However, it is advantageous to the fact that the defendant is recognized as committing the crime, that the defendant disposes of the vehicle by a mistake that does not drive under the influence of alcohol, and that the social relation seems clear, such as the application of majority of the defendant's wife, should be considered in light of the favorable circumstances.

The motive and background of the crime including the above circumstances, the method and consequence of the crime, and the circumstances after the crime.