Defendant shall be punished by imprisonment for a term of one year and two 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 May 7, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Jung-gu District Court. On October 19, 2015, the Defendant received a summary order of KRW 1 million as a fine for the same crime in the same court.

【Criminal Facts】

At around 00:30 on March 13, 2020, the Defendant driven a C Benz car in the state of alcohol alcohol concentration of about 0.123% from the 21km section from the front of the “Cen Park” road located in Yang-si, Yang-si, Yangcheon-si to the front of the Macheon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, and inquiry into the results of regulation of driving under the influence of alcohol;

1. Consent to the collection of blood and written verification of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 was that the Defendant committed the instant crime even though he had the record of being punished for driving under influence of alcohol in 2007 and 2015.

In addition, according to the distance and frequency of the previous penal power as above, the degree of blood alcohol (0.123%) of this case, the distance of drunk driving (21 km), and other various sentencing conditions shown in the records and arguments of this case, such as the defendant's age and character, family relation, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered.