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 October 25, 2013, the Defendant received a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on October 25, 2013. On February 25, 2016, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving). On December 7, 2016, the same court was sentenced to imprisonment for 10 months and suspension of execution.

【Criminal Facts】

On July 21, 2020, the Defendant, as a person with the power of violating the duty of prohibition of driving under the influence of alcohol, driven a DNA vehicle with a blood alcohol concentration of about 0.201% in the section of about 4 km from the front of the road in Gohap-gun, Chungcheongnam-gun, Gyeongcheon-gun, to the front of the fluoral road located in the same fluoral 442, the fluor rate of 0.201% in the direction of the fluoral fluor.

Summary of Evidence

1. Report on the defendant's legal statement, the results of the drinking driving control, and the statement on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports, and investigation reports;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the defendant, even though he/she had been subject to five times punishment due to drunk driving, had a high alcohol level at the time, and the risk of the occurrence of accidents, such as the receipt of 112 reports on the fact that the vehicle is in a remote distance and driving: The defendant recognized the crime of this case; he/she disposes of the vehicle; he/she wanted the defendant to take a preference against the defendant; and the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, are shown.