A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment for two years from the date the judgment of this case became final and conclusive.

Punishment of the crime

[criminal power] On August 20, 2007, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Northern District Court, KRW 1.5 million for the same crime at the Chuncheon District Court on February 25, 2008, and KRW 1.5 million for the same crime, respectively. On April 29, 2010, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Suwon District Court on the site of the same crime. On August 27, 2010, the Defendant issued a summary order of KRW 3 million for the same crime at the same court on August 27, 2010, and was sentenced to a suspended sentence of two years for the same crime at the Yongsan District Court on November 6, 2014, and was sentenced to a suspended sentence of two years for the same crime, and had the record of violating the provisions of the prohibition of drinking driving at least twice.

【Criminal Facts】

On June 25, 2019, at around 08:35, the Defendant driven a soft vehicle with a blood alcohol content of about 0.140% under the influence of alcohol at a section of about 1k from the parking lot in front of the apartment C-dong, Gangwon-si, Gangwon-do to the Chuncheon cycle located in the Dong-si, Gangwon-si, Gangwon-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the crackdown on drinking driving, and report on the circumstantial statements of drinking drivers;

1. The written request for appraisal (the blood alcohol appraisal report);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act have been sentenced to seven times due to drinking driving, and the probation judgment has been sentenced to two times, and the driving has been conducted under the influence of alcohol again even though the judgment of probation was made two times, the previous drinking was not broken, and so-called the so-called the so-called drunk driving has not changed, but the defendant is under the influence of drinking.