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 24, 2013, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million at the Seoul Northern District Court for a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million with a fine of KRW 2 million with the same crime at the Jungbu District Court on April 25, 2018.

【Criminal Facts】

On December 1, 2019, the Defendant driven a e-ben-car, while under the influence of alcohol of about 0.157% from the 5km section from the front road located in Gangnam-si B to the front road of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. On-site photographs, etc. and list of 112 reported cases;

1. Previous records of judgment: Criminal records, inquiry reports, the previous records of drunk driving, and the application of 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 grounds for sentencing under Article 62-2 of the Criminal Act include two times of punishment for the defendant due to drunk driving. At the time of the instant crime, the blood alcohol concentration was high at the time of the instant crime, and the risk of continuing operation was high, such as continuing operation, etc. with one of the back wheels. The Defendant did not have any criminal history exceeding a fine and there was no personal and material damage to others during operation. The Defendant’s age, character and behavior, environment, motive for committing the crime, circumstances after committing the crime, etc. as stated in the instant records and arguments, and all of the sentencing conditions, including the Defendant’s age, character and behavior, motive for committing the crime, and circumstances after committing