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

[criminal power] On November 11, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Central District Court, and on October 18, 2013, the Defendant was sentenced to a suspended sentence of ten months for the same crime in the same court. On July 15, 2015, the Seoul East East District Court issued a summary order of KRW 7 million for the same crime.

【Criminal Facts】

On March 13, 2020, the Defendant driven the EMW car owned by D, while under the influence of alcohol content of approximately 0.106% from around 500 meters from the front of Seongdong-gu Seoul to the front of Seongdong-gu, Seongdong-gu, Seoul, the Defendant driven the EMW car under the influence of alcohol content of approximately 0.106%.

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. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmation reports) Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be postponed in consideration of favorable circumstances, such as the fact that the married child is raised, the health of the married child is not good, and the defendant is recognized to have a mistake and is in profoundly against it, even though there has been a history of punishment three times due to drinking, and the probation order, etc. shall be added to prevent recidivism);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;