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 August 17, 2018, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 18, 2019, at around 03:45, the Defendant, while drunk with a blood alcohol concentration of 0.086%, driven a DNA car volume from the mutual influence point in Gangnam-gu Seoul to approximately 300 meters from Seoul, Gangnam-gu to the front road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, and the defendant again drives under the influence of a license even though he had the record of punishment for driving under the influence of alcohol or driving without a license (under the influence of alcohol in 2004, 2007, 2008, 2018, 2009, 2009), the defendant recognizes and reflects the charges. The defendant has no record of criminal punishment exceeding the fine, and the defendant's age, character and character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be determined as per the order, taking into consideration the sentencing conditions stated in the argument of this case, such as the punishment of the case.