A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On April 23, 2009, the Defendant was sentenced to a suspended sentence of two months for four months by imprisonment with prison labor in the Goyang Branch of the Korean Government District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 5, 2020, around 23:58, the Defendant driven a DNA-type car in the state of alcohol with approximately 500 meters alcohol concentration of approximately 0.107% from the 500-meter section from the Jininindo-dong Seoul Metropolitan City B apartment building site to the B apartment C-dong Road.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report, notification of the results of the crackdown on drunk driving, criminal records, etc., reporting of his/her previous offense, reporting of his/her previous offense, and the application of Acts and subordinate statutes in indictment;

1. In addition, even though the defendant had been punished five times, including punishment and suspended sentence due to the crime of refusing to drive alcohol or to take measurements of drinking alcohol due to the pertinent provision of the relevant criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act of the choice of punishment, Article 62(1) of the suspended sentence of imprisonment, Article 62(1) of the Criminal Act of the Social Service Order, and Article 62-2 of the Social Service Order Act,

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The distance from drinking driving is short.

Finally, the punishment of the defendant who committed a crime of drinking driving is prior to the 10th 2009.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.