A defendant shall be punished by imprisonment for a term of one year and two 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 July 22, 2008, the Defendant was sentenced to a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Incheon District Court on July 22, 2008, a fine of KRW 2.5 million for a crime of violation of the Road Traffic Act (driving) at the original branch of the Chuncheon District Court on July 27, 2009, and a fine of KRW 7 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on May 18, 2016.

【Criminal Facts” around 02:20 on June 11, 2020, the Defendant driven a car with Cenz 250 under the influence of alcohol concentration of 0.185% in the 20-meter section of the front road of Gangseo-gu Seoul, Gangseo-gu Seoul.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, an accident report and an accident photograph;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Criminal records, inquiry reports on criminal records, amounts of dispositions, reporting on results of 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Act on Probation under Article 62-2 of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of punishment of a fine on several occasions due to drunk driving, as stated in the judgment of the court below.

The defendant caused a traffic accident while drunk driving.

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

The distance from which the defendant was driven under the influence of alcohol shall not run.

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.