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

On January 15, 2016, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Western District Court on March 12, 2018, a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act (Refusal of measurement) at the same court on March 12, 2018, and a person who received a summary order of KRW 1,50,00 as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on December 14, 2018.

At around 04:50 on December 26, 2019, the Defendant driven a car at B 718 Stickers while under the influence of alcohol with approximately 15km alcohol concentration of about 0.134% from the section of about 15km in Seongbuk-gu to the internal circulation of 164 location in Seongbuk-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence (driving in violation of the Road Traffic Act), report on the situation of a driver of a vehicle driving, investigation report (report on the situation of a driver of a vehicle driving), inquiry of the results of crackdown on drunk driving, case handling table 112, SOS emergency exit service certificate, investigation report (report on calculation of blood alcohol concentration);

1. The application of Acts and subordinate statutes to references to criminal records and investigation reports (a) and statutes;

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 Defendant committed the crime of drinking driving, even though he/she committed three times in a short period of time, such as drinking driving or refusing to measure, etc., on the grounds of sentencing under Article 62-2 of the Criminal Act, the Defendant again committed the crime of drinking driving.

The drinking value is high and the driving distance is also driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

There is no record that the defendant was punished for a violation of a fine due to drinking driving.

This is favorable to the defendant.

In addition to the above circumstances, the defendant's age, character and conduct, environment, family relationship, and motive and motive of the crime.