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 September 22, 2016, the Defendant received a summary order of a fine of up to 6 million won for a violation of the Road Traffic Act (driving) from the Gyeyang Branch of Suwon District Court on September 22, 2016

【Criminal Facts】 On February 28, 2020, at around 04:15, the Defendant driven DK5 automobiles under the influence of alcohol with approximately 5km alcohol concentration of about 0.143% from the 5km to the roads near the Guro-gu Seoul Metropolitan Government Guro Digital Group.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. All the documents of drinking alcohol, including the report on actual condition of the driver, the report on the circumstantial statement of the driver, etc. (Attachment to the report on actual condition of the driver);

1. Criminal records as indicated in the judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of a 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. Circumstances unfavorable to the reasons for sentencing under 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, and caused a traffic accident while drunk driving.

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

There is no record of punishment for the defendant in addition to the above fine.

The main figures of the defendant want to be the defendant's wife.

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.