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

The Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) on April 30, 2013, and a fine of KRW 4 million on April 6, 2015, respectively.

On July 16, 2019, at around 21:15, the Defendant driven the said vehicle under the influence of alcohol of about 0.096% in a section of about 1km from the front of a cafeteria near Kimcheon-si, Kimcheon-si to the front of C in the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries into the circumstantial statements of a drinking driver, and the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes to report an investigation (report on the confirmation of the same criminal records);

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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2(1) of the Criminal Act include two previous convictions for drinking alcohol driving, and among them, there are only two previous convictions for drinking alcohol driving.

In this case, the responsibility is not easy considering the blood alcohol concentration, driving distance, etc.

However, both previous convictions and previous convictions were subject to fines, and there were no other previous convictions, and the fact that the errors are recognized and reflected.