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 history] On May 9, 2014, the Defendant received a summary order of KRW 7 million for a crime of violating the Road Traffic Act from the Suwon District Court on the grounds of a violation of the Road Traffic Act, and KRW 7 million for the same crime in the same court on July 15, 2015, respectively.

[2] The Defendant 1 driven BM7 car under the influence of alcohol concentration of 0.154% on May 4, 2020 and proceeded with approximately 300 meters from the front day of the e-way to the front day of the e-way located in E-way where he was aware of, as seen above, two times the punishment force of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a statement on the circumstances of the driver at home;

1. Notification of the results of regulating drinking driving;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the drinking volume of this case for the reason of sentencing, the circumstances leading up to the Defendant’s driving of drinking, the criminal records of the Defendant’s same kind, and other factors for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, etc., shall be determined as ordered by considering