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 July 27, 2009, the Defendant received a summary order of 1.5 million won or more for a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and on July 11, 2013, issued a summary order of 1.5 million won or more for the same crime at the Jung-gu District Court.

【Criminal Facts】

At around 21:40 on April 7, 2020, the Defendant driven the E 5 car under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.041% from the 600-meter section to the roads of “D” located in the same city as the 21:57 on the same day.

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

Summary of Evidence

1. Defendant’s legal statement, report on the state of his driving, report on the state of his driving, investigation report (report on the state of his driving), and inquiry into the records of the control of his driving under influence of alcohol;

1. 112 reported case handling table;

1. Previous records of judgment: Application of criminal records, reply reports, and Acts and subordinate statutes confirming the driving power of drinking;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 was that the Defendant was punished for drunk driving in 2009 and 2013, and the Defendant committed the instant crime even though he was punished several times due to unauthorized driving.

The punishment shall be determined as per the order, comprehensively taking into account various sentencing conditions shown in the records and arguments of this case, such as the distance and frequency with the previous penal force as above, the blood alcohol concentration (0.041%) of this case, the distance of drunk driving (600m), the background of detection, the age and character of the defendant, personality and conduct, family relationship, motive and means of crime, circumstances after crime, etc.