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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 7, 2006, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on December 4, 2014, a summary order of KRW 1,500,000,000,000,000 for a violation of the Road Traffic Act, respectively.

【Criminal Facts】

On November 15, 2019, around 02:40, the Defendant driven a d SM5 car with a distance of about 1 km from the roads located in Yongsan-gu, Yongsan-gu, Busan Metropolitan City to the front side of the Gyeonggi-gu, Busan Metropolitan City, Seoyang-si, to the Goyang-si, Gyeonggi-si, with a blood alcohol concentration of at least 0.081%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drunk driving;

1. Previous records: Application of two copies of inquiry report and summary order, such as criminal records, etc.;

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 of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is highly likely to criticize because of the high risk of infringing the life and property of others as well as themselves.

Although the previous drinking driving force has been several times, the defendant committed the crime of this case again, and caused an accident, such as shocking apartment fences.

However, physical damage seems to have been recovered, and the defendant acknowledges his criminal facts.

In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, various sentencing conditions as shown in the arguments in this case, such as drinking water, driving distance, the frequency and contents of the defendant's same criminal records, and other circumstances after the crime.