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

On November 7, 2008, the Defendant received a fine of KRW 5 million from the Seoul Northern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving Death and Injury resulting from Dangerous Driving), a fine of KRW 3 million from the same court on September 30, 2014, and a fine of KRW 7 million from the Jung-gu District Court on September 14, 2015 due to a violation of the Road Traffic Act (Dangerous Driving).

Although the Defendant had been punished for drunk driving as above, on December 21, 2019, at around 04:58, the Defendant again driven DK7 car under the influence of alcohol content of about 0.07% from the 500-meter section to the front road located in the same Gu B from the Do in front of the cross-fluence of the trade name in the vicinity of the offset Nowon-gu Seoul Special Metropolitan City, Nowon-gu Nowon-gu, to the front road located in the same Gu B.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A 112-report processing statement, CCTV images and caps-faging photographs, a report on the situation of the driving of the drinking house, a report on the situation of the driver, and a manual for enforcement;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been subject to three times punishment due to drinking driving, etc., again, the Defendant committed the instant drinking driving under the influence of alcohol, and was in a state of being able to sleep on the road at the time.

However, the defendant reflects his fault and commits recidivism, such as the sale of a vehicle, etc., the occurrence of a traffic accident has not occurred, the fact that there was no previous conviction exceeding the fine, and other factors of sentencing, such as age, family relationship, occupation, living conditions, etc., which are recorded in the records of this case, shall be determined as ordered by taking into account various factors of sentencing.