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 May 12, 2015, the Defendant issued a summary order of KRW 4 million at the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million at the same court on May 11, 2017, respectively.

【Criminal Facts】

On October 13, 2020, at around 23:17, the Defendant driven a DNA car with approximately 500 meters alcohol concentration of 0.157% while under the influence of alcohol from the section of approximately 500 meters from the roads near Seocho-gu Seoul Metropolitan Government to the front road of the Gu building.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. The legal statement of the defendant, the oral statement, the circumstantial statement, the investigation report (the report on the status of the driver), the arrest report, and the vehicle photograph;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, Articles 53 and 55 (1) 3 of the Criminal Act concerning discretionary mitigation of imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. It is judged that there is a need to supervise the defendant so that the defendant does not drive drinking alcohol in consideration of the fact that the defendant repeats drinking and the defendant repeats drinking driving for the reasons of sentencing in Article 62-2 of each Criminal Code of probation and order to attend lectures, and especially order probation;

Along with the high drinking water of this case on the road, the circumstances controlled by 112 Report are inferior, and the previous drinking water level was all high, etc., which are disadvantageous to the defendant, and the driving distance is not much much, and the accident does not lead to an accident. The fact that there is no record of punishment heavier than the previous fine of this case, etc., shall be considered as favorable to the defendant. In addition, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. shall be considered as favorable to the defendant.