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 February 17, 2015, the Defendant was issued a summary order of a fine not exceeding four million won for the crime of violating the Road Traffic Act at the District Court of Jung-gu on February 17, 2015.

On March 12, 2020, at around 04:30, the Defendant, from the road located between Cdong and Ddong in the Dobong-gu Seoul Metropolitan Government B apartment complex, moved to the outside through the after door of the above apartment complex, and moved to the inside of the complex through the entrance before Edong, and operated a FK 3 car at approximately 100 meters section to the road located between Cdong and Ddong, which is the first departure point, and the blood alcohol concentration of 0.195%.

Summary of Evidence

1. Report on the status of the driving of the accused's legal statement, the report on the circumstances of the driving of the model, the inquiry into the results of the drinking driving control, the details of control, and the investigation report (the confirmation of CCTV images and the processing of simple drinking cases);

1. Previous convictions: Criminal records, US records and the application of 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. Although Article 62(1) of the Act on Suspension of Execution is highly high in the blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act, the circumstances leading to the instant crime and the driving distance are considered.

A sentence shall be determined as ordered in consideration of the fact that the defendant seriously reflects his/her mistake, the fact that there is no other criminal punishment power except for the previous conviction in the judgment, etc., which is favorable to the defendant, and other factors of sentencing, such as the age, occupation, family relationship, personality and conduct of the defendant.