A 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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 22, 2013, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. at a district court of Jung-gu on October 22, 2013, and on March 23, 2015, the same court received a summary order of five million won due to the same crime, etc. and received a fine of five million won or more for the violation of the Road Traffic Act.

Nevertheless, at around 21:27 November 1, 2018, the Defendant driven an Eflor vehicle while under the influence of alcohol of 0.152% from the parking lot of the head office in the Namyang-si, Namyang-si, to the roads near the D apartment in the Namyang-si, Yangyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, copies of summary order, and application of the statutes governing judgment;

1. Article 148-2 (1) 1 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant is repeatedly under drinking, even though he/she had a record of being punished for drinking, as stated in the facts constituting the crime in the judgment, so it is necessary to strictly punish the defendant for the prevention of recidivism.

In addition to the previous records of the judgment, the defendant has been punished by a fine for drunk driving in 2002, and even in 2012, the defendant has been punished by a fine for refusing to measure drinking.

Although the defendant asserts that large-scale children suffering from mental illness at the time have driven a house with a distance of 200 meters, such circumstance is not a reason to justify driving under the influence of alcohol.

At the time, blood alcohol concentration is also high.

However, it shall be considered in favor of the defendant that he disposes of his car at present and that there is no previous conviction or more than a suspended sentence due to drinking driving.

. Other.