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 July 26, 2019, the Defendant was issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act at the Jung-gu District Court on July 26, 2019.

【Criminal Facts】

On July 18, 2020, at around 03:09, the Defendant driven a DoMW118d car under the influence of alcohol leveling of about 0.102% from around 6 km to the front road of the Namyang-si, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of identical records of a suspect A);

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 was that the Defendant had been punished for drunk driving in 2019, but the Defendant again committed the instant crime for not less than one year.

The blood alcohol concentration of this case is considerably high to 0.102%.

The criminal liability of the defendant is not easy to say.

However, under the favorable circumstances where the social relationship seems relatively clear, such as the recognition of the crime of this case, the fact that the defendant is against the defendant, the family members supporting the defendant, the defendant's disposal of the defendant's vehicle while the defendant does not drive a drinking again, and the majority of the defendant's wife wanting to drive the defendant, etc., the punishment as ordered shall be determined by taking into account all the factors such as the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age of the defendant, the environment, and the criminal record relation.