Defendant shall be punished by imprisonment for a term of one year and six 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

On January 20, 2009, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act (Refusal of measurement) from the Incheon District Court Branch on January 20, 2009, and on May 10, 2016, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) from the Chuncheon District Court.

On June 12, 2020, around 21:44, the Defendant driven a C Ecoo motor vehicle in the state of alcohol alcohol concentration of about 0.276% at a section of about 50 meters from the third underground parking lot of the same building at the Goyang-dong Seoul Metropolitan City B to the third underground parking lot of the same building.

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

Summary of Evidence

1. The notification of the defendant's legal statement D's results of the crackdown on drunk driving, the statement of the driver under the circumstances of the driver under the influence of alcohol, the investigation report (report on the driver under the circumstances of the driver under the influence of alcohol), the field photograph, the report of the 112 reported case processing, the criminal records, etc., and the application of Part II of the summary order to

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, even though the defendant had a record of being sentenced to three times or a fine due to the crime of drinking or refusing to measure drinking, he/she also driven under the influence of drinking.

The drinking volume is very high.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

When the defendant moves a substitute driver to a parking lot, the driving distance is short and there are circumstances that can be considered in the course of the crime.

No person who has been sentenced to suspended sentence or heavier punishment shall be punished.

This is favorable to the defendant.

Article 51 of the Criminal Act, including the above circumstances, is prescribed by the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the crime.