A defendant shall be punished by imprisonment for a term of one year and two months.

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 11, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for a violation of the Road Traffic Act. On September 3, 2012, the Defendant was sentenced to a suspended sentence of KRW 2 years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving). On February 3, 2016, the Defendant was issued a summary order of KRW 5 million by the same court as on February 3, 2016.

【Criminal Facts】 On May 21, 2020, the Defendant driven CKaman car at approximately 10 meters while under the influence of alcohol concentration of 0.140% on the front side of Yangcheon-gu Seoul Metropolitan Government on the roads.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of drinking alcohol measurement, notification of the results of the control of drinking driving, a report on the circumstantial statements of drinking drivers, and an investigation report (report on the circumstances of drinking drivers);

1. Criminal records as stated: Criminal records, inquiry reports, investigation reports (verification of sound driving records), judgment, 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 even though he had the record of punishment for drunk driving three times, as stated in the judgment of the court below.

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.

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.