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 February 9, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】 Around July 22, 2020, the Defendant driven a CM520-car while under the influence of alcohol concentration of 0.174% in the four-meter section of the front road of Guro-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2) and on-site photographs, black stuffs images, and caps and photographs;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Criminal records as stated: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

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 sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.

The defendant's blood alcohol concentration level is high and the driver's license is causing a traffic accident while driving under influence.

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

The distance from which the defendant was driven by drinking shall not exceed four meters.

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.