Defendant shall be punished by imprisonment for a term of one year and four 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

On March 5, 2018, the Defendant issued a summary order of KRW 1,500,000 to a fine for the violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

On May 24, 2020, at around 04:47, the Defendant driven B K5 vehicle under the influence of alcohol level of about 0.184% in the section of approximately 3 km from the front of the year near the new town in which it is impossible to find out the Ge-gu Seoul Metropolitan Government Ge-gu Ge-gu Ge-gu Ge-ro 657 in the same Gu unification, and from the front of the Korean power department to the road.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, statement, drinking driving control results, inquiry into criminal records, etc.;

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 reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had been punished for drunk driving in 2018, the Defendant was also driving under the influence of alcohol at the same time, and the drinking level at the time of the instant case is very high.

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the records of drinking driving in the judgment are all the criminal records.

In addition, the defendant again said that he would not distort such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.