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 four years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 24, 2011, the defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the original court of the Chuncheon District Court on June 24, 201, and 5 million won for the same crime in the same court on July 31, 2015.

At around 01:40 on March 29, 2019, the Defendant driven a FMW520 car while under the influence of alcohol concentration of about 0.174% from the 300-meter radius to the E-lane located in D located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports (attached to a summary order of the same kind of power, - Two copies of the summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service, and order to attend a lecture, are crimes with high recidivism rate.

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

The blood alcohol concentration at the time of driving under the influence of the instant case is relatively high.

The defendant, while under the influence of alcohol, has driven and brought about a traffic accident involving street lights.

(A) The defendant has been punished several times for violation of the Road Traffic Act. (A) The defendant has no record of being punished for violation of the Road Traffic Act.

The favorable circumstances: The defendant is in profoundly against the crime of this case.

There is no record that the defendant has been punished by imprisonment or more severe punishment.

In addition, the arguments in this case, such as the age, character and conduct, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.