A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] On June 3, 2013, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 11, 2020, the Defendant was under the influence of alcohol content of 0.107% on blood alcohol content at around 21:00, and the Defendant was driving B, from around about 5 km to about 3661, from the day before the influent restaurant located in the influence village of the Sin Sin Sinsi-si to the 3661 from the day before the influent city of the Sinsi-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and the next inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The defendant's mistake in sentencing Article 62-2 of the Criminal Act is recognized.

However, even though the defendant had been punished for the same kind of crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.