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

except that 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 March 22, 2016, the Defendant was issued a summary order of KRW 1 million at the Seoul Southern District Court as a crime of violating the Road Traffic Act.

【Criminal Facts】 Around July 22:20, 2020, the Defendant driven a DNA car while under the influence of alcohol leveling 0.141% from the 15km section of approximately 15km to the front road of the Yangcheon-gu Seoul Metropolitan apartment on July 30, 202.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The legal statement, the actual condition of the traffic accident, the investigation report, and the accident site photograph;

1. Notification of the results of the control of drinking driving, report on the circumstance of a drinking driver, investigation report (report on the circumstances of a drinking driver), and investigation report;

1. Criminal records: Application of 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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.

Defendant's blood alcohol concentration level high and caused a traffic accident while drunk driving.

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

There is no record of punishment exceeding a fine due to drinking driving.

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.