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 October 14, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on October 14, 2013.

【Criminal Facts】

1. On November 14, 2019, at around 00:50, the Defendant driven a FK7 car under the influence of alcohol content of 0.157% at a distance of about two meters from the “Cju store” to the front day of the “EE convenience store” located in Gangnam-si B.

2. At around 02:25 on the same day, the Defendant driven the said car under the influence of alcohol leveling of about 0.141% from the blood alcohol level at approximately 600 meters from the front line of the said “Cjuk” to the front line of the H in Gangseo-si G.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of each host driver;

1. Notification of the results of the drinking driving control;

1. Investigation report (on-site photographs, etc.), on-site photographs;

1. Records of judgment: Criminal history records, reply reports (A), investigation reports (Attachment to a summary order of the same kind of power), - Application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the reasonable circumstances] Defendant reflects the instant crime.

There is no record that the defendant was punished by imprisonment with prison labor or more severe punishment for the same crime.

In light of the fact that the statutory penalty for a drunk driving crime has been continuously aggravated due to serious social harm caused by a drunk driving and changes in the legal sentiment of the general public, there is a need to strictly punish a drunk driving crime.

A defendant shall be present at one time.