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

Punishment of the crime

On August 23, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million as a fine at the Seoul Western District Court on June 15, 201.

On March 18, 2020, at around 04:02, the Defendant driven an EM5 vehicle under the influence of alcohol level of about 0.067% from the 1km section to the entrance of the same Gu, from the C cafeteria located in the G cafeteria B of Yongsan-si to the entrance of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to 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. 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 with regard to the crime of this case is that the defendant, who has a record of drinking driving, drives a motor vehicle again, and the nature of the crime is not that of the crime;

In light of the fact that the defendant has considerably damaged other vehicles parked in the course of driving under the influence of alcohol in this case, the risk of the driving under the influence of alcohol in this case seems to have not been significant.

However, the defendant recognized the crime of this case and divided his mistake, the records of drinking driving of the defendant have passed more than eight years since the date of the crime of this case, and there is no record of criminal punishment other than four times of fine, and other circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc.