Defendant shall be punished by imprisonment for a term of one year and six months.

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 January 2, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court on May 29, 2007, and received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on May 29, 2007. On February 12, 2009, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

Around 20:30 on August 3, 2020, the Defendant driven a DNA rocketing car under the influence of alcohol concentration of about 0.073% in the 4km section from the Yongsan-gu Seoul to the front road of Mapo-gu Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, circumstantial statement, statement, records of the crackdown on drunk driving, criminal records inquiry, investigation report (the fact that the accused has been punished four times due to drunk driving)

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 Code of the Order of Education and the Order of Community Service had already been sentenced to criminal punishment for drunk driving, and the instant drinking driving was also conducted at the same time, and the instant drinking driving caused a traffic accident.

On the other hand, the previous drinking driving force has been not less than 11 years, and the defendant again does not commit such a mistake.

In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.