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

[criminal power] On June 9, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 1 million for the same crime at the Seoul Northern District Court on March 28, 2017.

【Criminal Facts】

At around 06:00 on September 25, 2019, the Defendant driven a DNA car with a blood alcohol concentration of about 0.126% while under the influence of alcohol at approximately 1.5km from the front road of the Seoul Jung-gu to the front road of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1), (2) (2) , a report on the detection of a master, and a report on the circumstantial statement of a master driver;

1. Sable and video-recording photographs;

1. Previous records of judgment: Criminal records, etc. and inquiry reports and application of two-yearly Acts and subordinate statutes of judgment;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture, despite the fact that the defendant had been punished twice due to drinking driving, causes a traffic accident involving a vehicle parked in the front room due to the dysing of the above dystrophy on the road while driving at the same time, and the crime is not good, and the blood alcohol concentration level of the defendant is considerably high.

However, in light of the fact that the defendant is expected not to drive a motor vehicle again while disposing of the motor vehicle, the distance of the defendant's driving is relatively short, the defendant has no criminal record exceeding the fine, and other factors of sentencing as stated in the trial of this case, such as age, character and conduct, intelligence and environment, family relationship, circumstance at the time of the crime, etc., are considered.