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 January 8, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act by the Incheon District Court. On December 13, 2010, the Defendant was issued a summary order of KRW 2 million for the same crime from the vice branch of the Incheon District Court. On October 25, 2012, the Defendant was sentenced to a fine of KRW 7 million from the Incheon District Court for the same crime. On May 16, 2013, the Defendant was sentenced to imprisonment with labor for one year and a suspended sentence of three years.

【Criminal Facts】

On August 21, 2020, at around 11:00, the Defendant driven the D East Sea Motor Vehicle with a blood alcohol concentration of about 0.118% under the influence of alcohol 0.118% from the 15k section from the front of the C of the C of the C of the C of the C of the C of the C of the C of the U.S.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records before and after judgments: Criminal records, inquiry reports, decisions, and application of Acts and subordinate statutes governing summary orders;

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. Probation, community service order, and order to attend a compliance driving course under Article 62-2 of the Criminal Act and other conditions of sentencing as shown in the records, such as Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after a crime, shall be sentenced to the same sentence as the order; however, the execution thereof shall be suspended; and probation, community service, and compliance driving lecture shall be ordered to be taken in order to grant reflectness and adaptation time through treatment within society;

There is a history of punishment for 4 times or for drinking driving, including punishment for suspension of the execution of imprisonment.

- In addition, considering the risk that drinking driving may affect many unspecified persons and the purpose of the amendment of the Act, the nature of the crime is not somewhat weak.