A defendant shall be punished by imprisonment for one year.

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 26, 2012, the Defendant was issued a fine of KRW 3 million at the Gangseo branch court of the Chuncheon District Court as a crime of violation of the Road Traffic Act (driving). On May 16, 2016, the Defendant was issued a fine of KRW 4 million by the same court as the same crime.

【Criminal Facts】

On May 21, 2019, at around 01:17, the Defendant driven a car with FNASG80 in the state of alcohol alcohol concentration of about 0.124% from the upper corner of the C Hospital funeral hall located in the East Sea to the frontway of the E Hospital located in the same city D.

As a result, the defendant was punished for drinking twice or more, and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on investigation;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant has already been punished three times or more due to drunk driving. The defendant's blood alcohol concentration at the time of the instant case was high, and the driver's vehicle stops on the road due to drinking, thereby causing serious threat to traffic situation: The defendant's recognition of and reflects the crime and other various sentencing conditions shown in the instant records and arguments, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime.