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

On February 18, 2014, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for the crimes of violation of the Road Traffic Act in the Southern District Court of the Jeonju on February 18, 2014, and was issued a summary order of KRW 4 million by the Jeonju District Court of August 1, 2013.

On June 30, 2019, at around 06:35, the Defendant driven CPoter Ⅱ while under the influence of alcohol of about 8.5 km from the section of approximately 0.05 km to the Gpoter 0.056% of blood alcohol content in front of the Jinjin-gu, Seoul Special Metropolitan City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal history records, inquiry reports, confirmation of criminal records, copies of judgment, and copies of summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had been punished for the same kind of crime three times or more, but the defendant had been aware of the danger of drinking driving again without the warning about the danger of drinking driving is disadvantageous to the defendant.

However, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive for committing the instant crime and circumstances after committing the instant crime, shall be determined as follows: (a) the blood alcohol level is relatively low; and (b) the Defendant’s age, character and conduct, environment, motive for committing the instant crime and circumstances after committing the instant crime.