A defendant shall be punished by imprisonment for one year.

except that 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 June 19, 2007, the Defendant issued a summary order of a fine of 2.5 million won at the Seoul Western District Court for the crime of violation of the Road Traffic Act (driving) at the Seoul Western District Court, and the order was finalized on July 17, 2007.

【Criminal Facts】 Around November 23:18, 2020, the Defendant driven B K7 vehicle under the influence of alcohol with approximately 8 K7% alcohol content 0.136% from the 8 KK-based section of approximately 8 KK to the southwest-ro, Yeongdeungpo-gu, Seoul, to the 130-ro, 130-ro, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving prior to driving under the influence of alcohol, inquiry report on the control of driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Criminal records as indicated in the judgment: Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, amounts of dispositions, and results of confirmation;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant had the record of being punished by a fine due to drunk driving as stated in the judgment of the court below, and even on September 15, 2003, even though he had the record of being punished by a fine due to drunk driving, the Defendant committed the instant crime.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no record of punishment for drinking driving after the defendant was punished by a fine.

The defendant supports his family as the most, and the defendant's main figures want to take the action against the defendant.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.