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 October 23, 2006, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Seoul Central District Court, and on May 16, 2012, the Seoul Northern District Court issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On August 21, 2019, at around 00:45, the Defendant driven a D Sti-type car under the influence of alcohol concentration of about 0.14% from around 500 meters to the front road in the Seo-gu Incheon Metropolitan City, Seo-gu, Seoul, to the front road in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (official application of the Ba mark);

1. Report on the circumstances of the driving of the driver, report on the circumstances of the driver, and report on the detection of the driver;

1. A written appraisal of blood alcohol;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

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 is that the defendant was subject to criminal punishment on two occasions due to drunk driving, and the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, there are many kinds of sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, intelligence and environment, family relationship, circumstance at the time of the crime, etc., in consideration of the following factors: (a) the defendant has both recognized and reflected all of his criminal acts; (b) the traffic accident occurred due to the crime of this case; (c) the distance of the defendant's driving is relatively short; and (d) the defendant's driving distance is relatively short; and (e) there are no traffic-related criminal records