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 November 24, 2006, the Defendant issued a summary order of KRW 1 million at the Suwon District Court for a crime of violation of the Road Traffic Act, and a fine of KRW 2 million at the Seoul Western District Court on May 13, 2008 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 22, 2019, at around 01:10, the Defendant driven a car in the 3km section from Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, to the same Si apartment parking lot, while under the influence of alcohol 0.231% of blood alcohol level.

Accordingly, the Defendant violated the duty of prohibition of drunk driving at least twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report on the occurrence of the case, circumstantial report on the driver, written consent to the collection of blood, and photographs;

1. A written request for appraisal, a Onnuri, or a written reply to a request for appraisal, and a written appraisal of blood alcohol;

1. Investigation reports and notification of the results of the control of drunk driving (blood collection results);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (report accompanied by a summary order of the same type of power);

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. The reason for sentencing under Article 62-2 of the Criminal Act / [the scope of the applicable sentence under the law] The imprisonment of one year or two years or six months / [the sentence] imprisonment of one year or six months / the imprisonment of one year or six months / the suspension of execution 3 years / the Defendant re-driving a vehicle even though he had been sentenced to a fine twice due to the violation of the Road Traffic Act (driving) as stated in the first criminal facts in the judgment. The Defendant’s blood alcohol concentration at the time of the instant crime is very high to 0.231%, and the Defendant’s blood alcohol concentration confirmed in the summary order is also low.