The punishment of the accused shall be determined by one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Criminal facts

[criminal power] On March 2, 2015, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) from the Chungcheong District Court Branch on March 2, 2015, and received a summary order of KRW 1 million for the same crime at the same court on November 11, 2016.

【Criminal Facts】

On September 22, 2020, the Defendant driven a Fspon vehicle from the front of the convenience point of “C” located in the Chungcheongnam-gun A, Chungcheongnam-gun, the Defendant was under the influence of approximately 0.075% of blood alcohol concentration around 0.075% on September 8, 2020.

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

Summary of Evidence

1. Investigation report of the defendant's legal statement, the oral statement of his/her driver, the report of his/her circumstantial statement (report on the circumstances of his/her drinking driver)

1. Previous convictions indicated in the judgment: Criminal history records, reply reports (A) and the application of Acts and subordinate statutes on criminal 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, was subject to criminal punishment for the same kind of crime, even though he/she was under the influence of drinking.

Considering the background, degree, etc. of the crime at the time, the nature of the crime is not good.

The defendant shows his attitude to recognize and reflect his mistake in this court.

The defendant was not subject to criminal punishment exceeding a fine for 19 years.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, the time interval between the crime of drinking alcohol driving and the crime of drinking alcohol driving in this case, attitude after the crime, etc. and various sentencing conditions shown in the arguments.