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 June 8, 2010, the Defendant issued each summary order of KRW 1.5 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act ( sound driving), and KRW 5 million as a fine at the Seoul Northern District Court on October 15, 2014.

On September 24, 2020, at around 00:55, the Defendant violated the prohibition of drinking driving by driving a DNA four times or more while under the influence of alcohol concentration of about 0.136% in the 70-meter section from the front of Gangnam-gu Seoul to the front of the same Gu C.

Summary of Evidence

1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (a copy of the summary order of the same kind of power attached), and application of Acts and subordinate statutes of the summary order;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though there was a history of punishment for drunk driving around 2010 and around 2014, the Defendant engaged in the instant drinking driving, and the blood alcohol concentration was considerably high, and the responsibility for the relevant crime is not minor.

However, in full view of the fact that the defendant is against the defendant's wrong recognition of his/her own mistake, the fact that he/she is expected not to repeat the crime while disposing of his/her own vehicle, and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., the punishment as