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 became final and conclusive.

Punishment of the crime

On November 24, 2006, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Cheongju District Court on November 24, 2006. On June 26, 2007, the Defendant was issued a summary order of 1 million won for the same crime by the same court, and on July 31, 2009, issued a summary order of 2 million won for the same crime by the same court.

On July 8, 2019, at around 13:15, the Defendant driven B Mt Motor Vehicle under the influence of alcohol concentration of about 500 meters at a distance of about 8:16% on the street near the 1stncheon-gu, Cheongju-si, Cheongju-si, to the lower end of the 818 Heak-gu, Cheongju-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, and investigation reports (attached to judgment);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. There is a social consensus that the punishment for drunk driving should be strengthened due to the seriousness of the harmful effects caused by the reason of the sentencing under Article 62(1) of the Criminal Act and the high recidivism rate of drinking drivers, and the amendment of the law reflecting this is implemented. The defendant recognized the disadvantageous circumstances and crimes such as driving of a vehicle in the state of drinking once again, despite three times the past conviction as in the judgment of the court. There is no past record other than the previous conviction in the judgment, there is no record of driving under the influence of a fine, and there is no record of excessive punishment exceeding the fine, and there is no record of repeated driving in the short term, and it seems that he is trying to not repeat the crime, such as scrapping of the vehicle, etc., other favorable circumstances such as the defendant's age, character and behavior, motive, family relation, blood alcohol concentration, and the conditions before and after the crime.