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

On February 19, 2014, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Suwon District Court, and on December 27, 2017, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court.

On April 17, 2020, at around 04:31, the Defendant driven CEX car while under the influence of alcohol with approximately 0.118% alcohol concentration at the 1km section from the Do near Yongsan Station in Yongsan-gu Seoul Metropolitan Government to the preceding road in front of the Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order for a sound driving), and summary order;

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, even though the Defendant had had a record of criminal punishment for drinking driving twice, the instant drinking driving was conducted at the same time, and the occurrence of a traffic accident also occurred.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not mislead such mistake, the punishment as the order shall be determined by comprehensively taking into account the following factors: the blood alcohol concentration and driving distance, the age, character and conduct of the defendant, character and behavior, environment, motive, means and consequence of the crime, etc. of this case, and various sentencing conditions as shown in the trial process of this case.