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 of the final judgment.

Punishment of the crime

[criminal power] On January 26, 2012, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1,500,000 for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court, and a summary order of KRW 1,50,000 for the same crime at the same court on December 14, 2015.

【Criminal Facts】

On October 2, 2019, around 22:45, the Defendant driven CK5 car in a state of alcohol of about 10km from the front of the 22:10% alcohol concentration at approximately 0.110% from the 3081m section around the 3081, as Gangwon-si, Seocho-si, Seoul Metropolitan Building Building, to the roads near the 3081, Seoyangyang-gun, Yangyang-gun.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, actual condition investigation report, field photographs related to a traffic accident, notification on the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, investigation report, and next inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment);

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 defendant's mistake in sentencing Article 62-2 of the Criminal Act on the grounds of community service and lecture attendance order is recognized.

However, even though the defendant had been punished for the same kind of crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.