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

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Power】 On November 1, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on November 1, 2006, a fine of one million won for the same crime in the same court on January 15, 2010, and a fine of six million won for the same crime in the same court on December 24, 2014, respectively.

【Criminal Administration” around February 18, 2020, the Defendant driven B body-man vehicle in the state of alcohol with approximately 100km from the Kimhae-si Kimhae-si's port on February 18, 2020 to the Nam-gu 338-19 Public Road in South-gu, Nam-gu to the GongIC. 0.049% of blood alcohol concentration.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspected victims of violation of the Road Traffic Act, notification of the results of the control of drunk driving, and report on the state of alcohol drivers' regular statement;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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. Although it is low that the sentencing period of Article 62-2 of the Criminal Act of probation, community service, and order to attend lectures can be limited to blood alcohol concentration on the grounds of sentencing, the following factors are taken into account: (a) the Defendant was sentenced to a fine for a violation of the Road Traffic Act in 2001 in addition to the criminal records as indicated in the judgment; (b) the Defendant was sentenced to the 5th drinking driving; (c) the punishment power in 2014 was set at the 3-year driving under the Road Traffic Act at the time of driving under the Road Traffic Act; (d) the Defendant committed the instant crime; (c) the distance of driving under the influence of alcohol is extremely large; and (d) the risk