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 June 23, 2009, the Defendant was issued a summary order of KRW 4 million by the Seoul Northern District Court due to a crime, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), and on July 13, 2013, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On January 22, 2020, at around 21:26, the Defendant driven a F rocketing car under the influence of alcohol content of 0.112% from the Do in front of the Ccafeteria located in Seoul Special Metropolitan City, Nowon-gu to the next branch of the D Apartment E-dong.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of Acts and subordinate statutes to criminal records, investigation reports, etc. and investigation reports (report on confirmation of the same kind of force);

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 is that the Defendant had already been punished twice due to drunk driving, but again, was driving under the instant drinking again, and the risk of drinking driving is realized by causing a heavy traffic accident. In view of the fact that the risk of drinking driving is high.

However, considering the fact that the defendant's mistake is seriously against himself/herself, there is no previous conviction exceeding a fine, the circumstances of sending the child support to his/her children after divorce while supporting his/her old mother, and other factors of sentencing specified in the trial process of this case, such as the defendant's age, occupation, family relationship, living conditions, etc., the punishment as ordered shall be determined by taking into account various factors of sentencing