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 history] On August 19, 2013, the Defendant was sentenced to a fine of one million won for a violation of road traffic law at the Changwon District Court on the ground of a violation of road traffic law, a fine of two million won for the same crime in the Changwon District Court Msan Branch on September 12, 2013, and a suspended sentence of two years for six months for imprisonment in the Daegu District Court Port Branch on May 21, 2015.

[Criminal facts] On October 07, 2020, the Defendant driven B rocketing car at approximately 3km from the south-gu Do to the coast of 7 Pohang-do at the same time under the influence of alcohol content of 0.106% during blood transfusion around 04:15 on October 07, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report (report on the situation of the driver of drinking), and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of judgment);

1. Considering the fact that the relevant Article of the Act and Articles 148-2 (1), 44 (1) (the point of drinking and the selection of imprisonment), and the high level of alcohol concentration in blood, etc. concerning criminal facts;

1. Article 53 and Article 55(1)3 of the Criminal Act for Reduction of Quantity (the consideration of the fact that the operation of the vehicle in this case reflects the wrongness, the traffic accident has not been caused due to the operation of the vehicle in this case, and the sale of a vehicle again that the driver does not drive again);

1. Article 62 (1) of the Criminal Act on the suspended execution (in addition to the grounds for mitigation of the above amount, considering that the defendant has no criminal record except for the punishment imposed as the records in the judgment);

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act to provide community service and attend lectures;