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

On November 8, 2010, the Defendant issued a summary order of a fine of five million won in the Daejeon District Court due to a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on November 8, 2010, on two occasions more.

Nevertheless, on May 9, 2020, the Defendant driven a B-A-di vehicle under the influence of alcohol concentration of about 0.116% in the section of about 15km from May 9, 2020 to the road at the location of about 287.5km Seoul in the Cheongju-si, Seo-si, Seo-gu, Seog-si, Seog-si Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same type of force);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment of the Defendant inasmuch as the Defendant committed the instant crime again and caused traffic accidents, even three times before driving the same drinking alcohol, as stated in its reasoning.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and committed the instant crime against the mistake, and thus, did not repeat the crime; (b) both the previous convictions are fines; (c) alcohol concentration and driving distance in the instant blood transfusion; and (d) the Defendant’s age, sex behavior, and circumstances before and after the instant crime; and (c) all the sentencing conditions specified in the instant records and arguments, such as the circumstances before and after the instant crime, the sentence shall be