Defendant shall be punished by imprisonment for a term of one year and six 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 August 7, 2008, the Defendant issued a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul Southern District Court on August 7, 2008, and a summary order of 4 million won for the same crime at the same court on July 29, 2014, respectively.

On June 2, 2020, around 23:25, the Defendant driven a motor vehicle Eniboo in the state of alcohol with approximately 400 meters alcohol concentration of about 0.175% from the front of the Cridge in Mapo-gu Seoul Metropolitan Government, to the front road in Mapo-gu Seoul.

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 statutory statement, circumstantial statement, notification of the results of the crackdown on drunk driving, and criminal records inquiry reports, and investigation reports (report on confirmation of criminal records of the same kind);

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 drinking driving twice, the instant drinking driving occurred, and a traffic accident occurred due to the instant accident.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not mislead the above mistake, the punishment as ordered shall be determined by taking into account the following circumstances: the drinking water of this case and the driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and other circumstances, which are conditions for sentencing as shown in the records and arguments.