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 August 16, 201, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million at the Incheon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million with a fine of KRW 1 million on December 17, 2014 as a crime of violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On July 4, 2020: (a) around 02:17, the Defendant driven a DNA rocketing car under the influence of alcohol concentration of 0.161% at a five-meter section in the C-based 3rd underground parking lot located in Eunpyeong-gu Seoul Metropolitan Government.

Accordingly, the defendant violated the prohibition of re-offending of drunk driving more than twice.

Summary of Evidence

1. The defendant's legal statement, statement, circumstantial statement, investigation report, investigation report (report on the circumstances of a drinking driver), investigation report, criminal records records, video, etc., and the application of Acts and subordinate statutes to the investigation report (Attachment to the same type of power);

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 already been punished for drinking driving three times, he/she also driven the instant drinking driving.

On the other hand, the defendant moved and parked only a short distance in the underground parking lot, and the drinking driving of this case did not lead to a traffic accident.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as drinking water in this case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the oral proceedings.