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 May 23, 2008, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Suwon District Court on May 23, 2008, a summary order of KRW 2 million for the same crime in the same court on November 28, 2012, and a summary order of KRW 6 million for the same crime in the same court on July 1, 2015.

【Criminal Facts】

On November 13, 2019, around 04:30, the Defendant driven a b learning car under the influence of alcohol by 0.226% in a distance of about 8km from the 8km-si, Dongcheon-dong, Chungcheongnam-Seoul Highway to the point of 8.4km in the Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the investigation report (the circumstantial report of the driver concerned), the blood alcohol appraisal report, the investigation report (the details of the inspection direction), and the details of the use of the load;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Although the Defendant had been subject to criminal punishment for drunk driving, including the previous conviction in the judgment of the court, the Defendant had committed the instant crime of drinking alcohol, and the blood alcohol concentration level at the time of the instant case was very high.

The punishment has been repeated in several times, so it seems that there is a lack of compliance with the spirit of traffic law or safety awareness about traffic offense, and due to this, it is not good that the crime has been committed in that it could cause harm to human life and property to high citizens on the road.

However, it shall be taken into account that the defendant is led to confession and reflect, that there is no record of punishment exceeding the fine due to the same kind of crime, and that there is no accident.