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 20, 2010, the Defendant was sentenced to a suspended sentence of two months for the crime of violation of the Road Traffic Act at the Chuncheon District Court, and on April 18, 2013, the Defendant was sentenced to a summary order of KRW 5 million under the same crime in the same court on April 18, 2013, and on November 19, 2013, the same court was sentenced to a suspended sentence of ten months for a crime of violation of the Road Traffic Act and was sentenced to a suspended sentence of two or more times.

[Criminal Facts] Around 00:02 on March 14, 2020, the Defendant driven a BM7 car at around 200 meters from the underground parking lot of apartment complex C to the front parking lot of the same apartment building D, while under the influence of alcohol level of 0.186%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report (verification of criminal records of the same kind as a suspect);

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 regarding the order to provide community service and attend a lecture is that the defendant has been subject to criminal punishment for six times due to drunk driving, and the crime was not good, and the defendant's blood alcohol concentration is considerably high.

However, the fact that the defendant has recognized all of his crime and reflected against himself, the place where the defendant driven is located in the apartment parking lot, the driving distance is relatively short, the traffic accident occurred due to the crime of this case, the defendant has no special criminal record including the traffic related criminal records for the last six years, and the defendant has no special criminal record.