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 April 13, 2011, the Defendant issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act at the Seoul Northern District Court, and on September 19, 2017, issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

On April 3, 2020, at around 01:40, the Defendant driven a DNA-learning car under the influence of alcohol by 0.039% in the 8km section from the front of the cafeteria located in the Seogu Seog-gu Incheon Metropolitan City to the front of the C Office located in Daegu-gun Seoul-gun, the Defendant driven the D-learning car in the state of alcohol by 0.039% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of a drinking driver, and report on the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records, investigation status (verification of previous convictions), and copies of summary order Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant, while having been punished twice by a fine due to drunk driving, has engaged in a drunk driving, and that the Defendant committed the instant crime during the suspension of the execution period due to the instant crime, is disadvantageous.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the drinking alcohol level is not high, the punishment exceeding the fine due to drinking driving is not available, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime, shall be determined as ordered in consideration of all the sentencing conditions specified in the arguments of this case.