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 October 20, 2014, the Defendant received a summary order of a fine of seven million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on October 20, 2014, and a summary order of four million won due to the same crime in the same court on January 18, 2012.

On September 11, 2019, at around 20:30, the Defendant driven a Cirst car under the influence of alcohol concentration of 0.227% in the two-meter section of the road near the Southern-si, B, Seoul-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

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. According to the Road Traffic Act amended for the reason of sentencing under Article 62-2 of the Criminal Act, the sentence identical to the order shall be determined by comprehensively taking account of various sentencing conditions shown in the records and arguments of the instant case, including the period of punishment strengthened, the criminal records of the Defendant, the period of time with the previous drunk driving force, the degree of blood alcohol concentration of the Defendant at the time of driving of the instant case, the occurrence of the accident, the driving distance of the Defendant, the defendant's reflectness