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 October 15, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (drinking driving), a summary order of 1.5 million won for the same crime in the same court on May 24, 2010, and on March 22, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on March 22, 2013 and two years of suspended execution.

On July 26, 2020, the Defendant driven a vehicle under the influence of alcohol level of 0.262% from the blood alcohol level at approximately 300 meters from the apartment parking lot in the Yacheon City, B, to the front roads in the same city C.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of the provisions of Part III, such as a written reply to inquiry, such as criminal history;

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. In light of the fact that the punishment for driving drinking is strengthened due to the danger of driving drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act and the changes in the people's legal sentiment, etc., even though the punishment for driving drinking was strengthened, the defendant re-driving the drinking alcohol, and the drinking level is considerably high, and the defendant has been punished on three occasions in 2007, 2010, and 2013 due to drinking, and in particular, the defendant has been sentenced to a suspended sentence for six months due to a violation of the Traffic Act (driving) around 2013, it is necessary to strictly punish the defendant.

However, there is no other criminal record since 2013, and there is no other criminal record, and the defendant's age, sex, environment, family relationship, and circumstances after the crime.