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 December 13, 2007, the Defendant received a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) from the Jung-gu District Court in Goyang Branch on December 13, 2007. On October 8, 2009, the same court was sentenced to a fine of five million won for a violation of the Road Traffic Act (recovering to take a negative level). On December 15, 201, the same court received a summary order of two million won for a violation of the Road Traffic Act (recovering to take a negative level).

On February 4, 2020, around 20:12, the Defendant driven CFIsta car in the state of alcohol with approximately 30 meters alcohol concentration of 0.047% from the 1st floor of the underground floor of the Goyang-dong Seoul Metropolitan City to the front road of the building at approximately 20:15 on the same day.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, the report on the situation of the driver under the influence of alcohol driving, the report on investigation, the report on the detection of the violation of the Road Traffic Act, the report on the circumstances of the driver under the influence of alcohol driving, the report on investigation into the circumstances of the driver under the influence of alcohol driving, and the report on investigation

1. Application of Acts and subordinate statutes by inquiry of criminal records, written judgments, summary orders, criminal records, etc.;

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 of Article 62-2 of the Criminal Code of the community service order and the defendant committed the instant crime even though he/she had been punished three times in total due to the crime of refusing to drive alcohol or to measure alcohol.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The defendant's drinking value is low.

The defendant was driving the vehicle from the underground parking lot of the building only until the amount of the vehicle is deducted, and thereafter the proxy engineer has been in charge of driving.

There is no record that the defendant has been sentenced to a fine exceeding the fine.

This is.