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 May 8, 2014, the Defendant issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act at the Seoul Northern District Court, and KRW 5 million as a fine in the same court on March 11, 2016, respectively.

【Criminal Facts】

On September 4, 2020, the Defendant driven B KONA car under the influence of 0.123% of alcohol concentration on the front side of the 403 YYY-gu, Gangnam-gu, Seoul and the second YY-gu, Seoul.

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

Summary of Evidence

1. The defendant's legal statement, his/her oral statement, investigation report, investigation report (report on the status of his/her model driver), actual condition of the accident site and vehicle photographs, and investigation report (accident circumstances, etc.);

1. Criminal records as indicated in the judgment: The application of Acts and subordinate statutes to criminal records, reply reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture are repeated driving. The fact that the drinking alcohol level of this case is high and that the accident occurred due to the occurrence of the drama (the degree of accident confirmed by photographs, etc. is not less than that of the accident) and the previous drinking alcohol level is close to all, and that the previous record of driving without a license has been cancelled due to drinking driving, and it seems that the intention to observe the Road Traffic Act was rarely imminent, considering the circumstances unfavorable to the defendant, the fact that the defendant does not lead to a serious personal accident, and that the defendant has no record of punishment heavier than the previous fine of this case, etc., the defendant's age, character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime, etc., the punishment shall be determined as per the order of sentencing as shown in the arguments of this case.