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 February 5, 2007, the Defendant was issued a summary order of KRW 1 million by the Gwangju District Court as a crime of violation of the Road Traffic Act (hereinafter referred to as “Musk Driving”), a fine of KRW 3 million by the same court on August 6, 2007, and a fine of KRW 2.5 million by the same court on January 29, 2010, respectively.

【Criminal Facts】

On March 22, 2020, at around 06:04, the Defendant driven a DK5 car in the state of alcohol 0.216% alcohol level from the 1km section to the roads prior to the above “C,” while driving the adjacent alleyway to park in order to move.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. Previous convictions in judgment: Application of investigation reports (prior convictions in the same offense)-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 sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the degree of taking the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined by taking into account the various sentencing conditions as shown in the records and arguments of this case.