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 September 4, 2013, the Defendant was issued a summary order of KRW 7 million with a fine for a violation of the Road Traffic Act at the Seoul Central District Court on September 4, 2013, and on January 16, 2015, at the Seoul Southern District Court, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On June 18, 2020, the Defendant was under the influence of alcohol level of 0.290% on blood alcohol level around 19:45 on June 18, 2020, and the Geumcheon-gu Seoul, Geumcheon-gu driving the Epoter II cargo vehicle from the underground parking lot of Geumcheon-gu to the front road of the Dpoter in Dongjak-gu Seoul, Seoul Metropolitan Government.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the investigation of blood collection (report on the situation of a drinking driver) in response to a response to the defendant's statutory statement requested for appraisal, reporting on the investigation (with respect to the application of the Ba mark of the results of blood appraisal);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of previous records of the same kind), judgment, application of Acts and subordinate statutes governing summary orders;

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. 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 was punished by a fine on or around 2013 due to drinking alcohol driving and that the Defendant was punished by a suspended sentence on or around 2015 due to drinking alcohol driving, etc. In addition, the instant drinking driving was conducted on or around 2015, and the volume of blood alcohol concentration was very high, and the responsibility for the relevant crime is heavy.

However, considering the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving of this case, and other various circumstances that form the conditions for sentencing indicated in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as ordered shall be determined.