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

[Criminal Power] On June 20, 201, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

around 00:41 on April 30, 2020, the Defendant driven DMW car under the influence of alcohol concentration of approximately 0.097% at the section of approximately 1.5 km from the front of Jung-gu Seoul to the front of Yongsan-gu Seoul building.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Notification of the defendant's legal statement, the result of the crackdown on drunk driving, the criminal records of the crackdown on drunk driving, and the application of Acts and subordinate statutes to the investigation report;

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. Article 62 (1) of the Criminal Act;

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he was sentenced to a fine on one occasion due to drinking driving, was also driving under the influence of alcohol.

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the defendant again does not commit such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.