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 May 25, 201, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act, on October 25, 2013, a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act, and on November 10, 201, the same court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act, respectively.

On July 21, 2020, the Defendant driven a vehicle with low alcohol content of 0.149% in the section of approximately 500 meters from the front day of the member-gu in Ansan-si to the front day of the registration office of the vehicle located in Ansan-si, Seoul-si, Ansan-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. A defendant's written request for legal appraisal and reply;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the same type of crime);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account all the circumstances, such as the frequency of punishment for previous drinking driving, timing and sentence for sentencing under Article 62-2 of the Criminal Act, and the amount of alcohol concentration in the blood of this case;