Defendant shall be punished by imprisonment for a term of one year and six 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 November 11, 2016, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on the ground that the Defendant violated the Road Traffic Act.

【Criminal Facts】 Around October 26, 2019, the Defendant driven D SM6 automobiles while under the influence of alcohol with 0.186% of alcohol concentration on the road at approximately 50 meters prior to “C” located in Paju-si B on October 26, 2019.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of a summary order-order Act and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. On November 11, 2016, the Defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was sentenced to a fine due to drinking driving, and again driven under the influence of alcohol.

On the other hand, it is against the defendant's wrong recognition.

Alongly, it was limited to a simple drinking driving without any human or material damage.

The punishment as ordered shall be determined in consideration of all the sentencing factors indicated in the pleadings of this case, such as the circumstances mentioned above, the driving distance, the blood alcohol concentration at the time, the time and distance between the crime of drinking alcohol and the crime of drinking alcohol in this case, the time distance between the crime of drinking alcohol in the past and the crime of drinking alcohol in this case, the age, character and conduct