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 this judgment becomes final and conclusive.

Punishment of the crime

On May 13, 2010, the Defendant was sentenced to a suspended sentence of two years for the six-month period due to a violation of the Road Traffic Act at the Seoul Northern District Court on May 13, 2010 and had three same kinds of power.

On November 21, 2019, at around 00:00, the Defendant driven a B low-est car in the state of alcohol with approximately 0.177% alcohol concentration in approximately 4 KK-ro 60-ro, Dobong-gu, Seoul. from the street in the vicinity of the monthly river basin in Seoul Special Metropolitan City, Nowon-gu to 60-ro, Dobong-gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, report on detection of a drinking driver, and results of measurement of drinking;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same type of power judgment) Acts and subordinate statutes;

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. Although there were three times of punishment due to the reason of sentencing in Article 62-2 of the Criminal Act, the instant drinking driving was again conducted, and the blood alcohol concentration level is very high.

In addition, there is a high possibility of criticism in that the danger of drinking driving has been realized by hiding the vehicle in front while driving.

Multi-driving has not caused human and physical damage due to a traffic accident, which is agreed smoothly with the other party to the traffic accident, the last punishment power due to a drunk driving has been about 10 years prior to the date of the accident, and the defendant's advanced reflectivity and age, family relationship, living conditions, personality and conduct, etc. shall be determined as the same as the order, taking into account various sentencing factors, such as the defendant's advanced reflectness and age