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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 7, 2016, the Defendant was sentenced to a fine of three million won or more for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and was sentenced to a fine of five million won or more for the same crime at the Daejeon District Court on January 2, 2017, and was sentenced to a fine of five million won or more for the same crime.

[Criminal facts] On November 10, 2019, at around 00:51, the Defendant driven a motor vehicle with the highest alcohol level of 0.14% under the influence of alcohol at the section of about 2 km from the front of a restaurant near Sejong City B to the same city, 15-15-15-1-15-15-15-15-15-2.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the same kind of power), two copies of summary orders, and criminal records, etc. inquiry reports;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 on probation;

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in the attitude that the defendant is able to repent his mistake in the whole crime.

In addition to these circumstances, the defendant was sentenced to a fine of KRW 3 million in 2016 and a fine of KRW 5 million in 2017 due to drinking driving twice in the past.

The fact that drinking driving is not a different criminal record, but a condition of sentencing that is already reflected in the elements of a crime or statutory punishment.

However, the above punishment point and the point that the time of the crime are close to the point of time, and the amount or the level of the above fine is important.