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

On November 1, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on November 1, 2006. On March 13, 2009, the Seoul East Eastern District Court issued a summary order of KRW 5 million for the same crime, etc., and on September 14, 201, the Seoul Southern Southern District Court issued a summary order of KRW 3 million for the same crime, etc.

On July 24, 2020, around 07:02, the Defendant driven a DK7 car under the influence of alcohol level of about 0.091% in a section of about 30 meters from the underground parking lot located in Yongsan-gu Seoul Metropolitan City B to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and entry into the following inquiries;

1. Previous records of judgment: Application of each Act or subordinate statute of criminal records, inquiry reports, written judgments, and copies of summary order;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures lies in three times, which the defendant was punished for drunk driving, and the defendant was punished for driving without a license in 2014.

However, the level of drinking alcohol of the instant crime is relatively high, and the distance of drinking driving is short.

The nine years have passed since the defendant was punished for drinking driving, and the defendant seems to be against his will not repeat the crime.

In addition, the sentencing conditions shown in the records, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as per Disposition.

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