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

[criminal power] On June 30, 2015, the Defendant was issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Ansan District Court’s Ansan Branch, etc., and on August 22, 2008, the above court was sentenced to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the above court.

【Criminal Facts】

On October 4, 2019, at around 02:53, the Defendant driven a B B B-T car under the influence of alcohol content of about 400 meters from the road located in Seopo-dong 679-12, Sungpo-dong, Sungpo-dong, Sungpo-dong, Sungpo-dong, to the road located in the same Sinpo-dong 570-2.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Consent to blood collection, written confirmation, notification of the results of blood driving control, and written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes governing 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. According to Article 62-2 of the Criminal Act, community service and lecture attendance order is highly high in blood alcohol concentration and twice the same kind of power for sentencing, however, after escaping from a substitute driver, the punishment as ordered shall be determined in light of the driving point for vehicle movement and driving distance.