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 June 28, 2017, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act in the Daegu District Court’s Ansan-dong branch.

【Criminal Facts】 Around 16:20 on May 9, 2020, the Defendant driven D 130 automobiles while under the influence of alcohol with approximately 30 meters alcohol concentration of about 0.183% from the front of Guro-gu Seoul Metropolitan City to the front of C.

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. A traffic accident report, a report on the circumstantial statement of a drinking driver, an investigation report, investigation report (report on the circumstances of a drinking driver), inquiry report on the control of drinking driving, information on the bbbbbbbbbling video, and vehicle photograph;

1. Criminal records as indicated in the judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing summary orders;

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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Probation under Article 62-2 of the Criminal Act: The Defendant committed the instant crime again more than two years, even though he had the record of having been punished by a fine due to drinking driving, as stated in the judgment of the court below.

The blood alcohol concentration level of the defendant is very high, and the traffic accident(physical accident) occurred during the drunk driving.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

The distance from which the defendant was driven under the influence of alcohol shall not run.

There is no history that the defendant has been punished more than a fine.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.