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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 24, 2009, the Defendant received a summary order of KRW 1 million for a violation of road traffic (driving) at the Cheongju District Court; and on February 27, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Around 22:00 on July 11, 2019, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice, once again, driven an EM5 vehicle owned by the Defendant in the section of about 3 km to the front of the D’s residence in front of the Defendant’s residence in Sejong B while under the influence of alcohol at least 0.127% of alcohol concentration.

2. At around 12:10 on July 13, 2019, the Defendant, who violated the prohibition of driving under the influence of alcohol at least twice, once again, driven an EM5 car owned by the Defendant in the section of approximately 300 meters up to the day before G restaurant operated by D in front of the Defendant’s residence, while under the influence of alcohol at least 0.156% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control;

1. Screening at the scene of crime;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (verification of identical records, such as sound driving at least twice a week);

1. Relevant provisions of Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting a crime (a point of driving under the influence of sound);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Taking into account the fact that even though Article 62-2 of the Criminal Act had previous convictions for the same kind of punishment, the crime of this case has been committed repeatedly, there has not been any punishment exceeding the fine due to the same kind of crime, and the mistake has been divided;