A defendant shall be punished by imprisonment for one year.

except that 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 September 22, 2006, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Eastern District Court on September 2, 2006. On December 7, 2007, the Defendant issued a summary order of KRW 2 million for the same crime at the same court on December 7, 2007. On January 23, 2009, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Seoul Northern District Court on January 23, 2009.

On November 29, 2019, at around 22:28, the Defendant driven a D Poft car in the state of alcohol alcohol concentration of about 0.185% in the section of approximately 200 meters from the Gangnam-gu Seoul (BB underground2) to the front road of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and a report on the actual condition of traffic accidents;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. It seems that the reason for sentencing under Article 62(1) of the Criminal Act requires a sentence of sentence in light of the fact that the defendant has the same criminal records and several times.

However, it seems that the defendant was punished before 2010 for drinking driving, etc., and the defendant did not drive a vehicle for a long time after being punished for a long time, and in around 2019, the mother who suffered from dementia was purchasing a vehicle for the purpose of drinking at the hospital and driving the vehicle again while driving the vehicle again. The defendant seems to have low possibility of re-offending by selling the gold vehicle again, and the mother who suffers from dementia is raising the baby suffering from dementia alone, and the punishment is determined as ordered in light of the fact that the defendant led to the crime in this case and reflects the depth thereof.