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 December 13, 2007, the defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the Jung-gu District Court Goyang Branch on December 13, 2007, and the same court on December 19, 2008 issued a summary order of KRW 3 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 23, 2020, at around 19:35, the Defendant driven DK seven vehicles under the influence of alcohol level 0.161%, while under the influence of alcohol level 0.161%, from the section of approximately 2km to the front road in the vicinity of C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the actual state of drinking drivers, and reports on the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment of criminal records of the same kind as a suspect);

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the fact that he/she is not subject to a sentence, and the fact that he/she has no previous record after around 2008, etc., the punishment as ordered shall be determined by taking into account the age, family relationship, character and conduct, means and result of the crime, and circumstances after the crime, etc.