A defendant shall be punished by imprisonment for not less than 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 June 15, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On 14, 2020. 02. 02. 02. 02.05, while the Defendant was under the influence of alcohol with 0.139% of alcohol concentration, the Defendant driven C Ecoos car at the section of approximately 1 km from the vicinity of the Gangnam-gu Renasium in Seoul to the front of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Results of the reproduction and viewing of black boxes and video CDs;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of the relevant Acts and subordinate statutes to the actual survey report and photographs;

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 reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend each lecture, repeats drinking, and the defendant is driving in the instant case because of the high drinking level of drinking alcohol and drinking.

The circumstances leading up to the accident involving the damaged vehicle, and the degree of the accident confirmed by images and photographs, and the risk seems to have been significantly high, and the victim of the accident was indicted only for drinking driving without submitting a medical certificate.

In light of the circumstances that are disadvantageous to the defendant, the records of punishment for the previous drunk driving are criminal records and one case, and the family members to support the defendant, etc. shall be considered favorable to the defendant, and the punishment shall be determined as ordered by taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. as shown in the arguments of this case.