A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 31, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Western District Court as a crime of violation of road traffic law. On February 5, 2009, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of road traffic law (driving), and on May 3, 2012, the Defendant was sentenced to a summary order of KRW 5 million from the Incheon District Court as a crime of violation of road traffic law (driving).

[2] On September 9, 2020, the Defendant driven a high-speed car under the influence of alcohol leveling of about 25 km from around 160k to around 03:00 to around 160 in the Hong-gu, Mapo-gu, Seoul Mapo-ro, Seoul, to the front road. The Defendant driven a high-speed car with a alcohol leveling of about 0.120% in alcohol level.

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

Summary of Evidence

1. The application of the defendant's legal statement statement report, investigation report (report on the situation of the driver in charge), notification of the results of drinking driving control, inquiry report (A) about the criminal records of the 112 reported case, summary order (A) No. 2007 High Court Decision 2007 High Court Decision 2007 High Court Decision 12116 High High Court Decision, 12768 High High Court Decision 2008 High Court High High Court Decision 2008 High Court High Court Decision 2008 High Court Decision 1890 High Court Decision, 2009 High Court Decision 414 High Court Decision, 2009 High Court Decision 2009Do6404 High Court Decision, Incheon High Court Decision 2012 High Court Decision 7474 High Court Decision 7474 applicable to the summary order law

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing in Article 62-2 of the Criminal Act, despite the fact that the defendant had been sentenced to three times or a fine due to the crime of drinking driving, has committed the crime of drinking driving.

The driving distance is not low in the drinking value and the driving distance is also very long.

This is an unfavorable circumstance to the defendant.