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 September 5, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Seoul Eastern District Court, and a summary order of KRW 1.5 million as a fine in the same court on November 8, 2013.

【Criminal Facts】

On April 12, 2019, around 02:05, the Defendant driven a B-car under the influence of alcohol leveling 0.112% of alcohol level at approximately five meters in the head and the 4-public parking lot located in Yongsan-gu, Yongsan-gu, Mangsan-si, Goyang-si, 20-28.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. The survey report on the actual condition, the report on the circumstances of the driver involved in driving, the investigation report (the report on the circumstances of the driver involved in driving), and the report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes in Part IV of the inquiry report on criminal records, etc. (A), investigation report (verification of criminal records of the same kind), and summary order;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been sentenced to a fine four times due to the crime of drunk driving, he/she again committed the crime of drunk driving.

However, the defendant is recognized to commit a crime, and the driving distance is very short.

The defendant does not seem to have intended to drive a vehicle under the influence of alcohol to another place.

There is no provision that the defendant has been sentenced to a fine exceeding fine.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.