Defendant shall be punished by imprisonment for a term of one year and six months.

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On July 6, 2006, the Defendant was issued a summary order of KRW 1.5 million to the Incheon District Court for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking refusal) at the Seoul Western District Court on May 13, 2013.

[Criminal facts] On April 26, 2020, the Defendant driven Done Star Sheet under the influence of alcohol leveling 0.155% from around 00:56 to around 3, 2020 to around 600 meters from around 0.15% of blood alcohol level from around 00:56 to the front of the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least once.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol and written appraisal of alcohol during blood transfusion;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of each summary order;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (wholly amended by Act No. 17371, Jun. 9, 2020); the selection of imprisonment for a crime

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are as follows: (a) the Defendant’s blood alcohol concentration at the time of the instant case; (b) the Defendant’s age, sexual conduct, environment, criminal records (which had the records of being fined twice due to the same kind of crime); (c) the distance of drinking driving; and (d) the circumstances after committing the instant crime, etc.; and (c) the sentence is determined as ordered