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 4, 2008, the Defendant received a summary order of 2.5 million won as a crime of violation of the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

around 00:18 on September 16, 2020, the Defendant driven a DNA rocketing car with approximately 23 km alcohol concentration of about 0.214% from the front of Mapo-gu Seoul to the front of Gwangjin-gu Seoul.

As such, the Defendant violated the Road Traffic Act prohibiting driving under the influence of alcohol twice or more.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement on the occurrence of a traffic accident, field photographs of the accident, CCTV images-fash photographs, CCTV images CDs;

1. A traffic accident investigation report, investigation report (report on the circumstances of a driver), drinking-measurement free, and report on detection of a driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the same criminal records and confirmation of a suspect);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of alcohol is a dangerous crime that is likely to cause not only the occurrence of a traffic accident but also the life and home of others by raising the possibility of a traffic accident. The occurrence of a heavy traffic accident due to the driving of alcohol in this case, the defendant's blood alcohol concentration is very high, and the defendant has been punished four times due to a fine due to the occurrence of a crime of violating the Road Traffic Act (driving) or a crime of violating the Road Traffic Act (licensed Driving). The circumstances favorable to the defendant are that the defendant recognized his mistake and reflects the defendant, there is no penalty power exceeding the fine, and the defendant's age, character and behavior, motive, means and consequence of the crime, and circumstances after the crime, etc. are discussed.