A defendant shall be punished by imprisonment for a term of one year and two 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

[criminal power] On May 13, 2013, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on May 13, 2013; a fine of 7 million won for the same crime in the Sungnam Branch of Suwon District Court on March 24, 2014; and a person who was sentenced to a suspended sentence of 6 months for the same crime at the Seoul East Eastern District Court on August 30, 2017.

【Criminal Facts】

On September 2, 2019, at around 00:46, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of about 0.05% from around 3km to the front road of Seongbuk-gu Seoul, Gangnam-gu, Seoul to the front road of Seongbuk-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, and a report on the circumstances of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (report attached to the same type of power judgment, etc.);

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 is that the defendant has been subject to criminal punishment for three times due to drunk driving, and the present period of suspended sentence has passed, but it was still in the period of suspended sentence due to drunk driving, and it is not good that the crime is committed.

However, the fact that the defendant has both recognized and reflected his own crime, the blood alcohol concentration of the defendant is relatively high to 0.05%, the driving distance is not relatively long, the traffic accident occurred due to the crime of this case, the defendant has no criminal records punished by the crime of this case, the defendant's health status is not good, and the defendant's age, character and behavior, intelligence and environment, family relationship, circumstances at the time of the crime, etc.