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 April 21, 2016, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a violation of the Road Traffic Act at the District Court of Jung-gu.

【Criminal Facts】

On July 11, 2020, at around 21:55, the Defendant driven a esch-ton car with approximately 800 meters alcohol concentration of 0.312% from the front of the restaurant where it is impossible to know the trade name near the B-mncheon City B-m, the Defendant driven the Esch-ton car from the front of the restaurant to the front of the D-type restaurant located in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the driver under the direction of the driver under the direction of the driver;

1. Notification of the results of drinking control;

1. Previous convictions indicated in the judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

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 is that the Defendant committed the instant crime even though he/she had a history of punishment for drunk driving (one time of suspended sentence of imprisonment and two times of fines), and that the blood alcohol concentration as 0.312% is very high, etc.

However, considering the fact that the defendant confessions the crime of this case and repents his mistake, the distance of drinking driving is short, and the defendant's age, character and behavior, environment, family relationship, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in accordance with all the sentencing conditions shown in the arguments of this case.