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 November 11, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 2 million by the same court on May 30, 2017, respectively.

【Criminal Facts】

On May 23, 2020, while the Defendant was under the influence of alcohol of 0.040% of blood alcohol concentration on May 23, 2020, the Defendant driven the D QM5 vehicle owned by the Defendant from the street in front of a public parking lot located in the Jung-gu Seoul Metropolitan Government and from the street in front of the Seocho-gu public apartment B apartment Cdong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement and investigation report of the employee concerned (the circumstantial report of the employee concerned);

1. Previous records of judgment: Criminal records, investigation status (verification of an existing summary order) and application of each summary order Acts and subordinate statutes;

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. Probation and lecture attendance order Article 62-2 of the Criminal Act requires that the defendant should be supervised so as not to drive under drinking, considering the fact that the defendant repeats drinking driving three times or more and the defendant repeats drinking driving, and the probation is particularly ordered.

In light of the following circumstances: (a) the fact that the circumstances controlled by the 112 Report are inferior to the defendant; (b) the fact that the drinking water of this case is insignificant and does not lead to an accident; and (c) the defendant has no record of being sentenced to more severe punishment than the previous fine of this case; and (d) other circumstances favorable to the defendant, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (c) the punishment as ordered by the argument of this case, such as the circumstances