A defendant shall be punished by imprisonment for one year.

except that 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 October 27, 2015, the Defendant was notified of a summary order of KRW 1.5 million by Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts” around 00:23 on November 17, 2019, the Defendant driven a DNA car while under the influence of alcohol leveling 0.103% of 0.103% in the five-meter section from the Gangseo-gu Seoul Metropolitan Government B to the front of the same Gu C.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on a traffic accident, report on the occurrence of a traffic accident, report on the circumstantial statement of a drinking driver, and report on the results of the drinking control;

1. Criminal records as indicated in the judgment: A copy of the statement of criminal records, etc. inquiry and summary order (Seoul Southern District Court 2015 High Court Decision 1639 Decided 1639);

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving in 2006 and the record of criminal records in the judgment, and caused a traffic accident while drunk driving.

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

The distance from which the defendant was driven under the influence of alcohol shall not run.

There is no record that the defendant has been punished for the same crime.

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.