Defendant shall be punished by imprisonment for a term of one year and six months.

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 May 16, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on May 16, 201, and was sentenced to a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the Jung-gu District Court on September 07, 2012. On October 23, 2018, the Defendant was sentenced to a suspended sentence of one year for six months.

【Criminal Facts】

At around September 21, 2020, the Defendant driven a rocketing car under the influence of alcohol content of about 0.178% from the 3km section from the roads near the Seodaemun-gu Seoul Metropolitan Government B market to the 50-ro, Mapo-gu, Mapo-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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 had had the record of criminal punishment for drinking driving on three occasions, even though he/she was sentenced to a suspended sentence, and the instant drinking driving was conducted on one occasion, and as a result, the traffic accident occurred.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant is expected not to mislead the defendant twice again, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the degree of blood alcohol concentration and driving distance, the age, character and conduct, environment, motive, means and consequence of the crime, etc. of this case, as well as various sentencing conditions shown in the trial process, such as the situation after the crime.