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

【Criminal Power】 On March 13, 2009, the Defendant was issued a summary order of a fine of three million won by the Seoul Western District Court due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court, and on November 6, 2014, by a fine of four million won due to a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court.

【Criminal Facts】 On November 20, 2019, the Defendant driven Benz automobiles at approximately 3 km from the roads front of the Nam-gu, Incheon Metropolitan City front of the Dong-dong branch of the 20138% alcohol concentration, while under the influence of alcohol around 22:10% on November 20, 2019.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (examination of the same type of crime records);

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 under Article 62-2 of the Criminal Act is that the defendant's act is subject to criticism on the ground that the defendant's act was committed while driving again under the influence of alcohol even though he had many records of punishment due to drinking alcohol.

However, it shall be considered as a favorable factor that has not been damaged due to accidents, and that again, it is difficult to drive under the influence of alcohol, and the degree of other drinking, age, character and conduct, environment, etc. of the defendant as well as the various sentencing conditions of Article 51 of the Criminal Act as shown in the records of this case shall be determined like the order.