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 December 31, 2009, the Defendant received a summary order of KRW 2.5 million from the Daegu District Court to a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act, and on January 28, 2015, a summary order of KRW 3 million was issued from the Suwon District Court’s Ansan Branch to the same crime.

【Criminal Facts】

On March 10, 2020, at around 02:45, the Defendant driven a BNS car with approximately 10 meters in the drunken state of 0.121% alcohol concentration on the front of Gangnam-gu Seoul and on the roads of Gangnam-gu Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. The actual investigation report, C’s statement and statement of traffic accident occurrence situation, and investigation report (victim’s statement);

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of two copies of the summary order under Acts and subordinate statutes;

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. Probation and lecture attendance order Article 62-2 of the Criminal Act requires that the defendant should be supervised so as not to drive under drinking, considering the fact that the defendant repeats drinking, and the defendant repeats drinking and repeats drinking. In particular, probation shall be ordered.

In the event that the drinking water of this case was high and the accident led to the accident, and the circumstances of the crime are not good, such as committing violent speech to pedestrians at the time of the accident, the previous drinking water level is high, and the record of punishment for the previous violent crime of this case is several times, etc., which are disadvantageous to the defendant, the driving distance is not much much, and the degree of accident is minor, and there is no record of punishment heavier than the previous fine.