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

On March 21, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act, and on September 10, 2009, the Defendant was issued a summary order of KRW 3 million as a fine for the same crime in the Jungyang Branch Branch of the Jung-gu District Court on September 10, 2009, and on May 18, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months for the same crime.

On January 10, 2020, the Defendant driven Dsch Rexton car under the influence of alcohol concentration of about 0.074% in a section of about 10 meters of the ground parking lot front of the B apartment C-dong, Pakistan, 08:55 on January 10, 202.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driver involved in driving, investigation report (report on the circumstances of the driver involved in driving), and notification of the results of crackdown on driving under drinking;

1. References to inquiries, such as criminal records, investigation reports (verification of criminal records of the same kind as a suspect), one written judgment, and application of summary order two Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture has the history of having been punished four times for the crime of drunk driving, and among them, the crime of drinking driving in this case was committed again even though the judgment of probation was sentenced for the crime of drinking driving in 2017.

On the other hand, the defendant recognizes all crimes.

The defendant is not driving immediately after drinking, but driving a vehicle in the apartment parking lot in the state of being accommodated in the inside, and the driving distance is short.

The defendant's drinking driving did not cause a serious danger to traffic.

Article 51 of the Criminal Act, including the above circumstances, provides for the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime.