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 February 1, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on February 1, 2008, and a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on November 23, 2009.

【Criminal Facts】

On August 3, 2019, at around 02:08, the Defendant driven a bomben-ton car from around 1.5 km to around 9 km local highway 444 on the front of the “Yaman Agricultural City Guate Park,” located in Hongcheon-gun, Hongcheon-gun, Hongcheon-do, Seoul Special Metropolitan City under the influence of alcohol by 0.174%.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Statement to C by the police;

1. Inquiries about the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, etc. inquiry inquiry reports, summary orders, and application of statutes of the judgment;

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the defendant had been subject to criminal punishment for four times due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration is considerably high.

However, the fact that the defendant has divided his mistake and again is expected not to drive under the influence of alcohol, the distance of the defendant's driving is very difficult, the crime of this case does not occur due to the crime of this case, the above 4-time criminal records are all up to 2009, the criminal records related to drinking driving of this case have no criminal records punished by imprisonment, the defendant's age, character and conduct, intelligence and environment, family relationship, and the circumstances at the time of the crime.