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 September 18, 2009, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Eastern District Court, and on November 17, 2015, the Defendant was issued a summary order of KRW 3.5 million for the same crime.

【Criminal Facts】

On November 26, 2019, at around 23:15, the Defendant driven a B golf car with a blood alcohol concentration of about 0.144% from around 300 meters from the front day of the 300-meter Pyeong-dong in Seongbuk-gu, Seongbuk-gu, Sungnam-si to the front day of the 300-meter Pyeong-dong, Samgu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on the state of driving under the influence of alcohol and making the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a very high-risk crime that may infringe on the life and property of others as well as the person himself/herself, and it is highly likely that the blood alcohol concentration of this case is relatively high.

Although the defendant had been sentenced to a fine twice due to drinking driving, the defendant has again reached the crime of this case.

However, the Defendant recognized the facts charged in the instant case and went against it, and disposed of the vehicle after the instant accident.

In addition, there is no criminal power other than the criminal records of the defendant.

In addition, the defendant's age, character and conduct, the environment, the motive, means and result of the crime of this case, and the circumstances shown in pleadings, such as the circumstances after the crime, shall be determined as ordered.