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

On December 13, 2011, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act from the Cheongju District Court’s Chungcheong Branch on December 13, 2011. On February 22, 2012, the Defendant received a summary order of a fine of one million won or more for the same crime in the same court.

On July 7, 2019, at around 01:23, the Defendant driven Bcoon-house, under the influence of alcohol content of about 0.144% at a section of about 18km, while under the influence of alcohol leveling 0.144%, from the front of the Jincheon-gun, Jincheon-gun, Jincheon-si, Jin-si to the front of the Jincheon-si, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Control note and 112 reported case handling statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 amendment of the law that reflects the seriousness of the harmful effects caused by the driving under the reason of sentencing in Article 62-2 of the Criminal Act and the high recidivism rate of the drinking driver is formed and implemented. The defendant recognized the disadvantageous circumstances and crime such as driving of a vehicle in the state of drinking, even though the defendant had been subject to criminal punishment twice as stated in the judgment, and there is no record of driving under the influence of alcohol, and there is no record of excessive punishment exceeding the fine except for the previous conviction in the judgment, and there is no record of repeated driving under the influence of the judgment, and there is no history of heavy punishment, including traffic accidents, etc., the defendant's age, character and behavior, motive, family relation, blood alcohol concentration, and all other circumstances that constitute the sentencing conditions specified in the records and arguments of this case, including the records and arguments of this case.