A defendant shall be punished by imprisonment for one year.

except that 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 July 16, 2013, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On July 16, 2020, at around 01:10, the Defendant driven C rocketing car under the influence of alcohol concentration of about 0.170% from the front of a mutually influent restaurant located in the Yongsan-gu Seoul Metropolitan Government Daedong-gu to the front road of the Seoul Guro-gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. The legal statement, statement, traffic accident report (1) (2), photograph of the damaged vehicle, and control manual;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Criminal records as stated: Application of criminal records, inquiry reports, and summary order-related Acts and subordinate statutes;

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 for discretionary mitigation;

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.

The defendant caused a traffic accident while drunk driving.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

The defendant supports his family as the most.

The father and wife of the defendant, his wife and his wife, who wanted to take up the defendant's wife.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.