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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 8, 2012, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s branch on October 8, 2012, and on March 3, 2014, the Defendant received a summary order of KRW 5 million as the same crime in the same court.

On April 4, 2020, at around 00:0, the Defendant driven a DNA motor vehicle while under the influence of alcohol content of about 0.177% from the 5km section to the front of the “ved-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-fad-b

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Application of the Act and subordinate statutes concerning criminal records and investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into consideration all the circumstances, including the reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, the background leading to the instant crime, the high blood alcohol density, the Defendant’s previous convictions twice the same, the Defendant has no criminal conviction or higher in the suspension of execution, the Defendant’s disposal of vehicles, etc.