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 of the final judgment.

Punishment of the crime

[Criminal Power] On February 16, 201, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Seocho District Court’s Seocho Branch Branch on February 16, 201.

【Criminal Facts】

Although the Defendant was punished for a violation of the Road Traffic Act as above, at around 22:30 on April 11, 2020, the Defendant driven D rocketing car while under the influence of alcohol content of about 0.142% from the 1.5km to the so-called so-called so-called so-called so-called so-called so-called the so-called so-called so-called “Seoul Hospital Funeral Center” located in C Hospital No. 11, 2020, the Defendant was under the influence of alcohol content of 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the results of the control of drinking driving, making inquiries into the enemy, and photographs;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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 defendant's mistake in sentencing Article 62-2 of the Criminal Act is recognized.

However, even though the defendant had been punished for the same kind of crime, he again committed the same crime.

In addition, the crime of drinking driving is highly likely to cause danger to life, body and property of a third party, and there is a need for strict punishment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, such as the background of the instant crime and the blood alcohol concentration of the Defendant at the time of the instant case.