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 October 6, 2014, the Defendant was issued a summary order of KRW 3 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 6, 2020, the Defendant driven a fschton car from approximately 400 meters section to the road of D'E', while under the influence of alcohol of 0.116% of blood alcohol level, from the Gangseo-gu Seoul Metropolitan Government B cafeteria to the road of D'E'.

Summary of Evidence

1. Defendant's legal statement;

1. A report on internal investigation (attaching a field photograph and a field map);

1. Examination report on actual condition, report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (a copy of the same criminal records and summary order);

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, even though the defendant had a record of criminal punishment once due to drunk driving, causes a traffic accident that leads to a vehicle stopped while driving a motor vehicle while driving a motor vehicle at the same time, and the criminal nature of the crime is not good, and the defendant's blood alcohol concentration level is considerably high.

However, considering the fact that the defendant does not drive under the influence of alcohol again, and thus his mistake is pened and reflected in depth, the distance of the defendant's driving is relatively short, and there is no other criminal record except the above criminal record punished by a fine.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.