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 a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 7, 2009, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court on July 7, 2009, and a fine of KRW 2 million as a same crime in the same court on February 10, 2010.

Nevertheless, on August 13, 2020, the Defendant driven a D K7 car while under the influence of alcohol content of 0.233% in the 15-meter portion of the front road C in front of the North west-gun, Seoul. In addition, the Defendant driven a D K7 car with alcohol content of 0.23% in blood.

Accordingly, the defendant has committed a crime of violating the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the situation of the driver who is placed in the main place (report on the situation of the driver who is placed in the main place);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (Attachment to the same type of force);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act of the community service and the lecture attendance order is a serious criminal that threatens the life, body, and property of other persons as well as his family members, and the crime that is disadvantageous to the defendant, such as the fact that the degree of alcohol content in blood at the time of the instant case is very poor (0.233%) and that there are two previous convictions in the same kind, and that there are two previous convictions in the instant case, which are disadvantageous to the defendant, and that the defendant led to the instant crime, and that there was no personal damage due to the instant crime, such as the defendant's age, sexual behavior, environment, motive and circumstance of the instant crime and the circumstances after the instant crime, etc., shall be determined by the sentence as per the text, comprehensively taking into account various sentencing conditions as shown in the instant argument, such as the following: