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

On March 7, 2013, the Defendant received a summary order of KRW 3 million from the Seoul Southern District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 5,00,000 as a fine of violation of the Road Traffic Act from the Jungyang District Court on January 19, 2018.

On June 20, 2020, around 22:27, the Defendant violated the prohibition of drinking driving by driving an E body-man car under the influence of alcohol concentration of approximately 0.068% in approximately 200 meters in the same Gu D apartment underground parking lot from the front Do of the Mapo-gu, Soyang-gu, Goyangyang-gu to the same Gu D apartment parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, and statement of the result of crackdown on drinking driving;

1. Previous records before ruling: Application of each Act or subordinate statute written in four copies of criminal records, repeated statements, and 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures has three times the criminal records of punishment for drunk driving, and the recent years of punishment for driving without a license.

However, the drinking level of the instant crime is relatively low, and the distance of drinking driving is also short.

The defendant shows that he will not repeat the crime by age, and that he will not do so.

In addition, the sentencing conditions indicated in the records, such as the defendant's occupation, family relations, and circumstances before and after crimes, shall be determined as per Disposition.

It is so decided as per Disposition for the above reasons.