Defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 12, 2009, the Defendant received a summary order of KRW 1,00,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on December 5, 201, a fine of KRW 2,00,000 for the same crime at the Seoul Western District Court on December 5, 201, and a fine of KRW 5,00,000 for the same crime at the Seoul Southern District Court on April 30, 2013, respectively.

On June 21, 2020, the Defendant driven a C-A-hurd motor vehicle under the influence of alcohol concentration of about 0.241% in blood from the Do near the station located in the Priju-si, to the front road of the same city in the same city.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report (report on the situation of the driver in charge of drinking), inquiry of the result of crackdown on drinking driving, summary order, inquiry report, and application of Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant committed the crime of drinking alcohol driving even though he was sentenced to a fine three times due to the crime of drinking alcohol driving.

The drinking value is very high and the driving distance is not short.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

Finally, it is seven years before the defendant was punished for committing a crime of drinking, and there is no record of punishment exceeding a fine due to drinking driving.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.