Defendant shall be punished by imprisonment for a term of one year and two 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

[Criminal Power] On June 4, 2008, the Defendant was sentenced to a suspended sentence of two years for six months by committing a violation of the Road Traffic Act (refluence of measurement) at the Seoul Eastern District Court. On June 7, 2019, the Defendant was sentenced to a summary order of 1.5 million won by committing a violation of the Road Traffic Act (Refluence) at the Jung-gu District Court.

【Criminal Facts】

On March 21, 2020, at around 02:55, the Defendant driven a Dsch Rexton sports cargo vehicle under the influence of alcohol concentration of about 0.083% from the front of the Macheon B apartment to the new factory in the same city C from around 3km to the new factory in the same city.

As a result, the Defendant violated the prohibition of drinking driving and drinking refusal to take a drinking test more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the statement on the circumstances of drinking drivers, and the report on the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant committed the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act, even though he had been punished for drinking alcohol driving in 2008, due to refusal of drinking alcohol measurement in 2008, and even though he had been punished for drinking alcohol driving in 2019.

In the last time, the previous years of drinking driving are recent.

The punishment shall be determined as ordered by comprehensively taking into account the aforementioned circumstances and other various sentencing conditions as shown in the records and arguments, such as the blood alcohol concentration, the distance of drinking alcohol, the background of control, the age and character and conduct of the defendant, family relation, motive and means of the crime, and the circumstances after the crime.