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 June 8, 201, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 24, 201, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the same court on September 24, 2013. On December 26, 2013, the Defendant was sentenced to a fine of 5 million won by the same court on December 26, 2013. On June 18, 2015, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Pyeongtaek District Court’s site.

【Criminal Facts】

On December 14, 2019, at around 05:45, the Defendant driven a B motor vehicle under the influence of alcohol concentration of about 0.052% at a section of about 20km from the front of the 20km-si, Namyang-si (Seoul) to the front of the 17-si after the front of the 20km-si. The Defendant violated the provision on the prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (report on confirmation of criminal records of the same kind of suspect case);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, a probation order, an order to attend a lecture, or an order to attend a community service order, the drinking water of this case, the criminal records repeated by the defendant, and other various sentencing conditions in the records of this case, including the defendant's age, character, conduct and environment, shall be determined as ordered