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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On August 30, 2016, the Defendant was issued a summary order of a fine of KRW 4 million by the Seoul Southern District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on April 26, 2019, respectively.

【Criminal Facts of Crimes】 On March 10, 2020, the Defendant driven a motor vehicle with a DNA window at approximately 0.168% alcohol level from the section of about 61km to the road at the point of 107.2km in Seoul, Yangyang Expressway, which is located in the front of the C High School located in Gangwon-si, Gangwon-si, Gangwon-si, Gangwon-do, Seoul, to the upper south of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Circumstances unfavorable to the reasons for sentencing of Article 62-2 of the Criminal Act Article 62-2 of the Act on Suspension of Execution: The Defendant committed the instant crime even though he had the record of punishment of a fine due to drinking driving twice, as stated in the judgment of the court below.

The defendant's blood alcohol concentration is high, and the distance of drinking is also reasonable.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history that the defendant has been punished more than a fine.

The defendant supports his family as the most.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.