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 June 23, 2005, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Road Traffic Act at the Seoul Central District Court, and on February 7, 2011, issued a summary order of 2.5 million won by the Incheon District Court as a fine for the same crimes.

On November 7, 2019, at around 01:20, the Defendant driven a D's troke-ro car at approximately KRW 500 meters away from the front line of the mutual influence in Seo-gu, Seo-gu, Gwangju to the front line of the "C" restaurant in the same Gu B, while under the influence of alcohol of about 0.096% in blood alcohol concentration.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Inquiries, investigative reports (report attached to the same type of power judgment, etc.), and application of Acts and subordinate statutes, such as ruling of the same kind of power;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished for drunk driving in 2005 and 2011; (b) the Defendant again committed the instant crime; and (c) there are no extenuating circumstances as to the circumstances of drunk driving; (b) the Defendant selected a prison term on the grounds that there is no past record of criminal punishment exceeding a suspended sentence; (c) the period between the record of punishment for drunk driving and the instant crime; (d) the blood alcohol concentration (096%) of the instant case is high; (c) the blood alcohol concentration (500%) is relatively short; (d) the vehicle was disposed of; (e) the vehicle was treated; (e) the Defendant’s age, character and conduct; and (e) the treatment for the support group of alcohol; and (e) the enforcement of the sentence prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct; and (e) the direction of compliance driving lectures.