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 power] On May 15, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Northern District Court, and on September 18, 2012, the Defendant issued a summary order of KRW 1.5 million for the same crime at the same court on September 18, 2012. On March 18, 2013, the Defendant issued a summary order of KRW 6 million for the same crime at the same court on March 18, 2013. On February 20, 2014, the Defendant issued a summary order of KRW 7 million for the same violation of the Road Traffic Act at the same court on February 20, 2014. On June 10, 2014.

【Criminal Facts】

On August 23, 2019, at around 03:10, the Defendant driven Done Star Co., Ltd., while under the influence of alcohol at approximately 200 meters from the front road of Gangnam-gu Seoul to the front road of the same Gu C, with a blood alcohol concentration of about 0.139%.

Accordingly, the defendant has driven a motor vehicle while under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Survey report on actual condition, report on the circumstances of a drinking driver, and output of the result of measurement of drinking;

1. On-site photographs and closures of accident images;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of crime);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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 reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend a lecture, despite the fact that the Defendant had been subject to criminal punishment on five occasions due to drunk driving, the Defendant also caused reflectors installed on the road side and traffic accidents that shock the CCTV columns for crime prevention, and the crime quality of the crime is not good, and the Defendant’s blood alcohol concentration level is considerably high.

However, the defendant's mistake is divided.