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 March 28, 2019, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 22:30 on June 19, 2020, the Defendant driven C QM5 car under the influence of alcohol concentration of 0.128% at the 10m section in the pay parking lot located in Gangnam-gu Seoul Metropolitan Government.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions: Criminal records, investigation reports (Attachment of criminal records), and application of court rulings and other statutes;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

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 Act was that the Defendant was punished for drunk driving in around 2019, but the instant drinking driving was conducted at the same time, and the blood alcohol concentration was considerably high, and the responsibility for the offense is not somewhat minor.

However, the defendant's wrong recognition of his/her own mistake, the fact that the substitute driver seems to temporarily drive a short distance in the parking lot in order to facilitate the search of the vehicle, the fact that he/she would not repeat again while disposing of the vehicle, and other circumstances that form the conditions for sentencing as shown in the records, such as family relation, economic situation, age, environment, occupation, circumstances of the crime, and circumstances after the crime, shall be determined as per the disposition.