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 March 4, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Chuncheon District Court on March 4, 2013, and a fine of KRW 5 million by the same court on April 21, 2016, respectively.

【Criminal Facts】

On December 8, 2019, at around 22:35, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.179% from approximately 2km section from Sejong Special Self-Governing City to the front road of the same City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, notification on the control of drinking driving and investigation report (the mother of a suspect)

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (a summary order attached to the records of driving under the same kind of 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

The defendant is punished for drinking driving twice as stated in the criminal records of the judgment.

Blood alcohol concentration is 0.179% higher.

Circumstances favorable to the defendant: There shall be no criminal records subject to the suspended sentence of imprisonment or heavier punishment.

In this case.