A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

【Criminal Power】 On November 17, 2009, the Defendant was sentenced to a suspended sentence of 8 months for the crimes of violation of the Road Traffic Act in the original state branch of the Chuncheon District Court, etc. On August 17, 2009, the Defendant was sentenced to a suspended sentence of 5 million won by the same court on November 4, 2016.

【Criminal Facts of Crimes】 On September 7, 2019, the Defendant driven a F rocketing car from around 1km to the front road of the K-sports hall located in the original city, from around 0.255% of the blood alcohol concentration around September 7, 2019 to the front road of the D-sports hall located in the same city.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, investigation report, and the application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are favorable to the defendant, such as the fact that the defendant is in a depth of his mistake, the defendant, including the criminal record before a stay of execution, may be admitted to the same previous case. In light of the fact that the crime in this case is very heavy in terms of the nature and circumstance of the crime, the motive and circumstance of the crime in this case, the circumstances after the crime, the defendant's age, occupation, family relation, health status, etc., the punishment as ordered in the Disposition shall be determined by taking into account all circumstances such as the motive and circumstance of the crime in this case.