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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] The defendant is a person with two previous criminal records of the same kind, including having received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on February 7, 2019.

【Criminal Facts】

On May 8, 2020, at around 08:11, the Defendant driven CM6 motor vehicles under the influence of alcohol concentration of about 0.092% in the section from the B apartment parking lot to the front road of the apartment.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the report on the statement of the state of drinking drivers, and the control results of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (formers and confirmation reports), and application of Acts and subordinate statutes of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures had a record of being punished for driving under the influence of alcohol in 2018 and 2019, the pertinent drinking driving was also conducted at the same time. Considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended Act, the nature of the crime is not weak.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc