Defendant shall be punished by imprisonment for a term of 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 November 28, 2008, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on November 28, 2008, and a summary order of KRW 3 million for the same crime in the same court on June 24, 2015.

【Criminal Facts】 On September 16, 2019, the Defendant driven DMW car under the influence of alcohol with approximately 0.079% of alcohol concentration from around 200 meters to the road located in the same Gu, from the roads where it is difficult to know the week B below in Goyang-gu, Goyang-gu, Yangyang-gu, Yangyang-si, 2019 to the roads located in the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and investigation report (report on the status of drinking drivers);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order 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 Code of the community service order was that the Defendant had been punished twice by a fine due to drunk driving, but re-driving a motor vehicle.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct