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

[criminal power] On August 12, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on August 12, 2009, and on May 13, 2014, by the same court, a fine of KRW 4 million as the same crime.

【Criminal Facts】

On June 27, 2020, at around 01:30, the Defendant driven a car with fluent alcohol at a distance of about 200 meters from the front side of the Goyang-gu B, Goyang-gu to the front side of the E in the same Gu, in a state of alcohol of 0.126% of alcohol level.

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

Summary of Evidence

1. A written statement of the defendant's legal statement G is to be notified of the result of regulating drinking and driving of alcohol, a statement of the situation of the driver involved in drinking, an investigation report (report on the situation of the driver involved in drinking), an on-site photograph, and an on-site report;

1. Application of Acts and subordinate statutes to refer to inquiries about criminal records, etc., references to dispositions, pre-dispositions, and reporting results of verification;

1. Relevant Article 148-2 (1) and Article 44 (1) of the Criminal 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 reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been sentenced to a fine twice due to the crime of drunk driving, he/she also driven under the influence of alcohol.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

After the defendant's arrival of a substitute driver's vehicle in the vicinity of his/her residence, there are circumstances that can be considered as a case discovered by the report of the substitute driver's engineer, and the driving distance is short.

There is no record that the defendant was sentenced to suspended sentence or heavier punishment.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, family relationship, motive and circumstance after the crime, etc., are comprehensively considered.