A defendant shall be punished by imprisonment for a term of one year and two months.

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 January 14, 2015, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

[Judgment of the court below] On July 13, 2019, the Defendant driven DMW vehicles under the influence of alcohol concentration of about 0.103% from around 500 meters from the front of Gangseo-gu Seoul to the front of the same Gu C on July 13, 2019 to around 08:24.

Summary of Evidence

1. The actual condition survey report, report on the occurrence of a traffic accident, and photograph of the accident site;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports on criminal records, investigation reports (attached to a summary order of the same kind of power);

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

A favorable circumstances: The distance from which the defendant drives under the influence of alcohol shall not run.

There is no history that the defendant has been punished more than a fine.

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.