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 December 20, 2013, the Defendant received a summary order of KRW 6 million from the Seoul Central District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 Around April 9, 2020, the Defendant driven a DBS250d car under the influence of alcohol leveling 0.172% from a 100-meter section from the front road of Sungnam-si, Sungnam-si to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driving under the influence of alcohol, report on the state of a driving under the influence of alcohol, and report on the results of regulating drinking;

1. A report on the actual condition of survey, a report on the occurrence of a traffic accident, and a vehicle black image;

1. Criminal records as indicated in the judgment: Criminal history records, etc., inquiry report (A), investigation report (Attachment to a summary order), and application of Acts and subordinate statutes governing a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures are as follows: (a) although the Defendant had been sentenced to punishment for drinking more than once in 2010 in addition to the records of the criminal records as indicated in the judgment that the Defendant refused to take a drinking test, the Defendant once again conducted drinking driving in this case; (b) the blood alcohol level is very high; and (c) the causal link between the instant drinking driving and the instant traffic accident was not recognized; (d) the Defendant was promising not to repeat again when he reflects his criminal act; (c) the driving distance was not relatively short; and (d) the driving distance was not relatively short; and (d) the Defendant had a considerable period of time after the above drinking power and there was no criminal record for the Defendant, taking into account the circumstances favorable to the Defendant, such as age, character, career, career, environment, economic situation, the circumstances and consequences of the crime.