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 May 6, 2015, the defendant was sentenced to a suspended sentence of two years for the six months of imprisonment with prison labor due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

On May 15, 2020, the Defendant, while driving under the influence of alcohol at around 01:51 on May 15, 2020, driven a Danland passenger car from around 150 meters to the front of the same city from the roads B in Busan City to the roads C at the same time.

Summary of Evidence

1. Previous records of Defendant's statutory statements, reports on the state of his driving, reporting on the state of his driving, and notification of the results of the control of his driving: Criminal records, inquiry reports, and application of one copy of judgment

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. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The reason for sentencing was that the defendant was driven in the state of 0.203% alcohol concentration in blood around 2015 and caused injury to others by driving in the state of 0.203%, and again re-offending in the state of high alcohol concentration of 0.142% in the blood, although he was subjected to the main sentence of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Road Traffic (the death or injury of dangerous driving).

In addition, the defendant has driven the red signal in violation of the signal in the state of drinking, has not complied with the stop order issued by the crackdown police, and has escaped 500 meters away. In light of the attitude of the act, it is not good that the crime is committed and the crime is committed.

Recently, the social awareness of the harm of drinking driving has been increasing, and the control standards and punishment under the Road Traffic Act have been strict.

However, considering the favorable circumstances in which the accused is against, the age, character and behavior of the accused are considered.