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 January 18, 2008, the defendant was issued a summary order of KRW 2 million with a fine of KRW 3 million for a violation of the Road Traffic Act at the Seoul Western District Court on December 3, 2008, a summary order of KRW 2.5 million with a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Seoul Western District Court on November 30, 2008, a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court on November 30, 2009, and on December 15, 201, the defendant was issued a summary order of KRW 6 million with a fine of KRW 6 million with a senior district court on December 21, 2017, and the judgment became final and conclusive on December 27, 2017 by imprisonment with prison labor at the Seoul Southern District Court on December 21, 2017.

【Criminal Facts】

On November 28, 2019, at around 03:25, the Defendant driven a DMW car with approximately 500 meters alcohol concentration of 0.144% while under the influence of alcohol from the road located in Gangnam-gu Seoul to the road located in front of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence of E traffic accidents;

1. Notification of drinking-measurement and drinking driving control result;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records: Criminal records, inquiry reports, investigation reports (the same criminal records of a suspect), related judgments, and application of Acts and subordinate statutes of summary order;

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 on probation, community service order and order to attend a lecture has the record of being punished once due to drinking driving around around 2008, around 2009, around 201, and around 2017. In particular, even though the Defendant was sentenced to imprisonment for 10 months due to drinking driving around 2017 and was under probation period.