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 April 4, 201, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong-gu branch on April 4, 2011.

【Criminal Facts】

Although the Defendant had a punishment force for drunk driving once, around 01:50 on March 11, 2020, the Defendant driven a B G70 car while under the influence of alcohol level of 0.251% on blood alcohol level, and proceeded with approximately 7 km from the day of Pyeongtaek-si driving to the day in Pyeongtaek-si C.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Response to the request for appraisal;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Criminal history records, etc., references to inquiry reports, previous records of disposition, reports on results of confirmation, and application of Acts and subordinate statutes on attached data;

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. According to the reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., all of the sentencing factors indicated in the arguments of this case, such as the following circumstances and the defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc., the sentence shall be determined as ordered by comprehensively taking into account the following factors.

The circumstances at a disadvantage: The one that has already been subject to a fine two times or more due to a drunk driving but has been subject to a fine, has been driving again, has been driving in the state of drinking with high blood alcohol concentration, has not been short of driving distance, and the one that is favorable to realize the risk of driving, such as taking an accident that is separated during the change of lane, etc.: The fact that the crime is recognized and reflected, and the latter is a second offender who has been finally punished for the same kind of crime for at least eight years.