1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal power] On March 23, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 3 million by the Incheon District Court for the same crime on March 14, 2008, respectively.

【Criminal Facts】

On March 28, 2020, the Defendant driven a D QM6 vehicle under the influence of alcohol, which is about 0.10% of blood alcohol level, from the underground parking lot B in Bupyeong-si to the front road of the same city from 0:01 on March 28, 2020, and violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment to a summary order, etc. related to driving under the influence of a suspect), list of relevant cases, application of the 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2008, he/she committed the same crime at once, so his/her responsibility cannot be deemed to be less than that of the defendant.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.

It is so decided as per Disposition for the above reasons.