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 12, 2008, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Seoul Central District Court and KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the same court on August 16, 2016.

【Criminal Facts】

On April 18, 2020, around 02:56, the Defendant driven a DNA SM7 vehicle while under the influence of alcohol concentration of approximately 173 meters from the front of Seocho-gu Seoul to the front of the same Gu C at the same time.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Investigation report (report on the circumstances of the driver), investigation report (investigation into the results of blood collection appraisal), and investigation report (Investigation into the Ba mark);

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (previous and confirmation), 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was punished for drunk driving around 2008 and around 2016, and even though there was a history of punishment for drunk driving, the instant drinking driving was conducted under the influence of alcohol, and the blood alcohol concentration was very high, and the occurrence of the traffic accident was also caused by the traffic accident.

However, in full view of the following circumstances: (a) the defendant's mistake recognized by himself/herself, the degree of damage from traffic accidents is relatively minor and even minor; and (b) human life damage does not occur, and (c) the sentencing conditions on the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, and circumstances after the crime, the punishment as ordered shall