A defendant shall be punished by imprisonment for two years.

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

On March 12, 2009, the Defendant was sentenced to a summary order of KRW 4 million by a fine of KRW 1 million by a violation of the Road Traffic Act at the Seoul Northern District Court on March 12, 2009, and a summary order of KRW 4 million by a fine of KRW 1 million by the same court on July 15, 2013, and on November 28, 2014, the Defendant was sentenced to six months by imprisonment with labor by the same court on November 28, 2014.

At around 21:20 on April 12, 2020, the Defendant driven a Danland under the influence of alcohol content of about 0.197 percent from the 50-meter-of-ground parking lot from the mid-gu Seoul Metropolitan Government B apartment Cdong to the ground parking lot.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. The defendant's legal statement, the report on the actual state of his/her driving, the investigation report (the report on the actual state of his/her driving), and the control records;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, which led to a traffic accident that causes vehicles parked due to drunk driving.

In addition, considering the records of the defendant's drinking driving, the records of drinking alcohol (name in 0.197%), the circumstances leading to driving under the influence of alcohol, driving distance, and the degree of damage of the traffic accident that occurred and the agreement with the victim who suffered the physical damage, etc., the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, family relationship, character and behavior, living environment, etc.