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.

Criminal facts

【Criminal Power】 On August 11, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Eastern District Court.

【Criminal Administration” around June 24, 2020, the Defendant driven a D-confluent car under the influence of alcohol concentration of about 0.138% from a section of approximately 1m to the same road from the front parking lot in the north-gu B at the port of port to the same place.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports on the occurrence of a traffic accident, records of the accident, photographs of the scene of the accident, reports on the situation of the driver, reports on the drinking-driving, notices on the results of the drinking-driving control, and reports on the traffic accident;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of records of sound driving);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty, 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 sum of the 3rd drinking driving and other punishment power and reflectivity, etc. for the reason of sentencing in Article 62-2 of the Criminal Act, including the 3rd drinking driving and the 2005 drinking driving.