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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.
Reasons
Punishment of the crime
[criminal power] On March 22, 2011, the Defendant received a summary order of KRW 3 million from the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2 million for the crime of violation of the Road Traffic Act at the Seoul Central District Court on April 15, 2011.
【Criminal Facts】
On December 6, 2019, at around 02:35, the Defendant driven CM5 car under the influence of alcohol with approximately 0.185% alcohol concentration at around 2.7km from the front line of Seoul Jung-gu to the front line of approximately 394, Jung-gu, Seoul, Jung-gu, Seoul.
Accordingly, the defendant was not allowed to drive a motor vehicle while under the influence of alcohol, but violated it more than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;
1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related 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. The fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act; the defendant, despite the fact that he/she had been punished for drunk driving, once he/she drives alcohol again; the blood alcohol concentration, driving distance, the defendant's recognition of and reflects on the facts charged; the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., shall be determined as per the order in consideration of the sentencing conditions shown in the argument of this case