A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On April 21, 2009, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating Road Traffic Act at the Seoul Southern District Court, and on December 24, 2013, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the Seoul Northern District Court.

【Criminal facts” Even though the Defendant had been punished twice as a crime of violating the Traffic Act on the Road, he also driven the E-5 vehicle under the influence of alcohol concentration of about 820 meters from the road near C Station located in Yeongdeungpo-gu Seoul Metropolitan Government around August 29, 2020 to the same GuD road.

Accordingly, the defendant was driving a drinking not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report, and a photograph of the scene of the accident;

1. Statement report on the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), and notification of the result of regulating

1. Criminal records as stated in the judgment: Investigation report (Attachment of the summary order of the same kind of crime), summary order copy, inquiry, and application of Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 been subject to a fine twice due to drinking driving, as stated in the record of the relevant crime, even though he/she had committed the instant crime.

The defendant's blood alcohol concentration level is high, and a traffic accident (accident that conceals the previous vehicle) occurs while driving alcohol.

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

There is no history that the defendant has been punished more than a fine.

In addition, the above circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the records and arguments of this case.