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 August 6, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act (driving) at the Suwon District Court on August 6, 2015 and three times the record of drinking driving.

【Criminal Facts】

Around 10:00 on October 4, 2019, the Defendant operated a D-A6 car from approximately 20km from the roads in front of the wife population B to the roads in Young-gu, Suwon-si, Suwon-si, in a state of alcohol of 0.159% under the influence of alcohol, even though the Defendant had a alcohol driving force as above, from around 10:0 to the roads in Young-gu, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), report on detection of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports-related Acts and subordinate statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was three times the previous and the Defendant was driving under the instant drinking, and the blood alcohol concentration level at the time was considerably significant, and the exemption was taken to the extent that it was considerably dangerous.

In fact, one of the accidents causes minor traffic accidents, and the nature of the crime is not less complicated, but the possibility of criticism is high.

However, considering the fact that the defendant is led to confession and reflect, the fact that the above previous period is a fine, etc., the defendant's age, attitude, environment, driving background and distance, blood alcohol concentration level, circumstances after the crime, etc., various sentencing conditions shown in the records and arguments shall be determined as ordered.