Defendant shall be punished by imprisonment for a term of one year and four months.

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 January 30, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on January 30, 2009.

On August 8, 2020, the Defendant driven a ENA-type car under the influence of alcohol 0.130% in the section of approximately 1.9 km from the Do in front of the restaurant around Eunpyeong-gu Seoul, Seoul to the front of the same Gu D, while under the influence of alcohol 0.130%.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, records of the drinking driving control, criminal records inquiry and criminal records records, investigation reports (Attachment to summary order for drinking driving), and 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 sentencing of Article 62-2 of the Criminal Act with regard to the order to attend a lecture and the order to provide community service order had already been punished for drinking driving three times, and the defendant also caused the accident of destroying two street lamps as a result.

Meanwhile, in full view of the circumstances favorable to the defendant, such as the fact that the defendant's drinking driving force was before 2009, the punishment as ordered shall be determined by taking into account the following circumstances: the blood alcohol concentration and driving distance, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments.