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 August 28, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court due to the violation of the Road Traffic Act. On November 17, 2015, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

【Criminal Facts】

On January 13, 2019, at around 21:52, the Defendant driven a D Ecoo motor vehicle while under the influence of alcohol leveling 0.087% from approximately 500 meters from the 500-meter section to the front road of Gangseo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. A traffic accident actual condition survey report and on-site photographs;

1. 112 Reporting case management table;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (reports accompanied by summary orders of the same kind of force of a suspect);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the defendant has been punished twice prior to the instant case; the defendant also has a history of having been punished two times due to drinking driving; the defendant caused a traffic accident that causes the vehicle parked due to drinking driving of the instant case: The defendant would not drive under drinking again against his/her mistake; the defendant's age, character, environment, circumstances of the crime, circumstances after the crime, etc.; and the defendant's punishment shall be determined as ordered in consideration of various sentencing conditions specified in the records and arguments, such as the records and arguments of the instant case.