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 April 15, 2010, the Defendant was issued a fine of KRW 1 million for a violation of the Road Traffic Act at the Seoul Southern District Court on April 15, 201, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving on October 17, 2015), respectively, at the Goyang Branch Branch of the Jung-gu District Court on March 17, 2015.

【Criminal Facts】

On June 13, 2020, at around 08:26, the Defendant driven a C Eccoo vehicle while under the influence of alcohol concentration of about 0.083% at the section of about 10km from the 10km to the front road of Yeongdeungpo-gu Seoul Metropolitan City, Seoyang-gu B.

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

Summary of Evidence

1. For the accused's legal statement, statement, circumstantial statement, investigation report, and previous records indicated in the judgment: Application of two Acts and subordinate statutes of Part II of the Criminal Procedure Code and the summary order;

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 the sentencing of Article 62-2 of the Criminal Act is that the driving of an order to attend a lecture is highly likely to be subject to criticism because of the high risk of infringing the life and property of

Although the Defendant had a previous drinking driving record, the Defendant committed the instant crime again.

However, considering the favorable circumstances that the defendant recognized his criminal facts, the punishment as ordered shall be determined in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and various sentencing conditions as shown in the arguments in this case, such as drinking water, driving distance, the frequency and contents of the defendant's previous records, and other circumstances after the crime.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime were committed shall be determined as ordered in consideration of the various sentencing conditions shown in the arguments in this case.