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 September 3, 2013, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court due to the crime of violation of the Road Traffic Act.

Nevertheless, at around 01:30 on August 5, 2020, the Defendant driven a B car with blood alcohol concentration of about 0.044% in the section of approximately 800 meters from the street parking lot located in Mapo-gu Seoul Metropolitan Government Mono-ro 8-ro to the roads adjacent to the same Gu Mano-dong.

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

Summary of Evidence

1. The defendant's legal statement, statement on the circumstances of the driver, investigation report on the results of the drinking driving control (verification of the screen image of the vehicle under the Chnife), investigation report (Submission of on-site photographs by the Chife Police Officers), criminal record records, investigation report (attached to a summary order, etc.), and application of summary order under 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. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished for driving under the influence of alcohol and the violation of the Road Traffic Act (unnecessary Measures after Accidents), but the driving of the instant case was done under the influence of alcohol, and as a result, the traffic accident caused the signal apparatus prop.

On the other hand, the defendant would not drive a motor vehicle again after disposing of the motor vehicle, and the record of drinking driving is the entire record of criminal punishment.

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 arguments.