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 August 9, 2011, the Defendant received a summary order of KRW 700,000 from the Seoul Southern District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on August 9, 2019, respectively.

【Criminal Facts” around 01:20 on September 11, 2019, the Defendant driven C Laren car while under the influence of alcohol concentration of about 0.184% at a 20-meter section of the parking lot located in Guro-gu Seoul Metropolitan Government Blue-gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and investigation report (measurement of distance of drinking driving);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, application of criminal records, and copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had a record of being punished several times due to drinking driving, as stated in the records of the criminal records in the judgment.

A favorable circumstances: The defendant recognized the crime of this case and seriously reflects the crime, and disposes of the vehicle used at the time of drunk driving and not repeating the crime.

There is no record that the defendant has been punished for the same crime.

There are circumstances that can be considered in the circumstances of drinking driving, and the distance of driving is too short to 20 meters.

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.