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 October 1, 2014, the Defendant was sentenced to a fine of KRW 1 million by the Seoul Northern District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 19, 2019, at around 00:07, the Defendant driven C Blue vehicle under the influence of alcohol content of about 0.141% from the 4km section from the front of a restaurant in the name of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu to the front of the Seoul Gangnam-gu B.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, report on the circumstantial statement of a drinking driver, and report on the detection of a drinking driver;

1. On-site photographs;

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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 under Article 62-2 of the Criminal Act on the grounds of sentencing is that the Defendant had been subject to criminal punishment for four times due to drunk driving, and as a result, the Defendant, while driving at once, caused a traffic accident leading to a vehicle stopped under the signals before the Defendant’s driver’s vehicle, the nature of the crime is not good, and the Defendant’s blood alcohol concentration level is considerably high.

However, the defendant's mispercing of his mistake that he would not drive under the influence of alcohol again, the above four-time criminal records and other criminal records related to drinking driving are all until 2006 except for those indicated in the judgment, and there is no criminal records punished as a sentence, and other factors of sentencing specified in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstances at the time of the crime, etc., shall be determined as ordered by the order.