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 December 4, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on December 4, 2009, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on June 18, 2010, respectively.

On September 22, 2019, the Defendant was under the influence of alcohol with 0.160% of blood alcohol concentration at around 01:45 on September 22, 2019, and was driving a Denz car in the vicinity of the above B apartment parking lot in the city of the government from the roads near the ground parking lot of the B apartment to the C-Dong.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Legal statement, actual condition investigation report, and report on the occurrence of traffic accidents by defendants;

1. The circumstantial statement of the employee;

1. Finding reports on the results of the drinking driving control (suspect's statement and application of the Ba mark) and CCTV images;

1. Previous convictions in judgment: Inquiries into inquiries and the application of a copy 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 accused has been punished several times for drinking driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.160%.

The Defendant destroyed a vehicle parked due to the drinking driving of the instant case and escaped.

However, considering the favorable circumstances that the defendant recognized the crime of this case, the punishment as ordered shall be determined by taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, health conditions, and criminal record relations.