A defendant shall be punished by imprisonment for a term of one year and two 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

On August 11, 2010, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on November 25, 2010, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.

On September 13, 2019, at around 18:13, the Defendant driven a BN-si car while under the influence of alcohol content of 0.174% at a 1m road in front of the office of the Eup/Myeon located in the 483-dong, Southern-gun, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Making an inquiry into the enemy, notification of the results of the regulation of drinking driving, circumstantial statements of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes of a copy of summary order;

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. Under the current Road Traffic Act, the reason for sentencing under Article 62-2 of the Criminal Act was amended, the punishment for the crime of drunk driving was strengthened, and even though there were several times that the defendant had been punished for the same kind of crime in the atmosphere with high social awareness about the crime of drunk driving, the defendant's blood alcohol concentration at the time of the crime was relatively high, and there is a need for severe punishment in light of the unfavorable circumstances such as the fact that the defendant was punished for the same crime.

However, it shall be considered for the defendant, such as the fact that the defendant repents the defendant's wrong, there is no heavy penalty power exceeding the fine, the fact that a certain period has elapsed from the previous date of the crime of the same kind, and the physical damage caused by the traffic accident seems to have been dealt with as insurance.