Defendant shall be punished by imprisonment for a term of one year and six 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

[criminal power] On April 3, 2008, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on July 11, 2017, the Seoul Central District Court received a summary order of KRW 4 million for a violation of the Road Traffic Act.

【Criminal Facts】

On September 21, 2020, the Defendant driven a DNS coo car from the front parking lot of the wife population B to the front road of Mapo-gu Seoul Metropolitan Government, with a blood alcohol concentration of about 0.062%, while under the influence of alcohol at around 46km.

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 defendant's legal statement, circumstantial statement, statement, records of the control of drinking driving, and criminal records inquiry reports on the criminal records, and investigation reports on the criminal records;

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 of the Order of Education and the Order of Community Service was that the Defendant was punished for drinking under the influence of alcohol in a total of four times, including a punishment imposed for drinking under the influence of alcohol in 2017 and 2008, and the driving distance was also driving under the influence of alcohol.

On the other hand, the drinking driving of the instant case did not lead to a traffic accident, and the Defendant said that he would not avoid such a mistake again after selling the vehicle.

In addition, 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 arguments shall be determined as ordered by considering the various circumstances.