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 September 9, 2013, the Defendant was issued a summary order of KRW 4 million with a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 9, 2013, and a fine of KRW 5 million with the same crime at the Seoul Southern District Court on June 2, 2015, respectively.

【Criminal Facts】

On May 10, 2020, the Defendant was under the influence of alcohol 0.151% on blood alcohol level on May 10, 2020, the Defendant was driving a D-Am-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wnon

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

Defendant’s legal statement

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, report on the evidence and photograph of the traffic accident, report on the situation of the driver himself/herself, report on the investigation, report on the control of drinking driving and report on the investigation;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes of two copies of summary orders;

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 is that the defendant, while having been punished twice due to drinking driving, repeats drinking driving.

The accident caused the water accident.

In light of the fact that the defendant's criminal power and the social danger and risk of drinking driving are realized and the traffic accident occurs, it is necessary to punish the defendant strictly.

However, the fact that the defendant reflects the wrong, the fact that there is no other criminal records except the punishment records for drunk driving in the judgment, shall be considered as favorable to the defendant, and the records and arguments, including the degree of drinking, the age, character and conduct, environment, family relationship, etc. of the defendant are included.