A defendant shall be punished by imprisonment for a term of one year and three 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 April 8, 2016, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act (recovering to measure the noise level).

【Criminal Facts】

On June 12, 2020, at around 00:25, the Defendant driven D QM5 car under the influence of alcohol concentration of about 0.24% from the front line of a main line where the trade name in Seocho-gu Seoul Metropolitan Government is unknown to the front line of the building in Seocho-gu to approximately 1.2km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Report on the occurrence of the case, and vehicle photograph;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports, investigation reports (attached to summary orders), 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 defendant's reasons for sentencing of Article 62-2 of the Criminal Act, including probation and order to attend a probation order, repeats drinking (the defendant has more criminal records than a fine for drinking alcohol driving on one occasion, in addition to the criminal records of refusing to measure drinking in the previous ruling of this case). Considering that the defendant repeats drinking driving, it is necessary to supervise the defendant not to drive drinking, and the probation order especially;

The fact that the drinking water of this case was a full state of drinking, and the term was placed on the road of d'd', and the situation that was controlled by 112 declaration was poor, etc. is disadvantageous to the defendant.

However, the execution of imprisonment shall be suspended in consideration of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, which led to a multi-accident, and the fact that the defendant has no record of punishment heavier than the previous fine of this case, etc.