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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 28, 2011, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act from the Jungju District Court on November 16, 201, respectively.
On September 5, 2019, at least 21:51, the Defendant, at around 21:51, driven a C S350 vehicle under the influence of alcohol concentration of approximately 0.110% from the 7km section of the red door, tunnel, hill and hill tunnel (sex direction) located in the same Jongno-gu Seoul Metropolitan City, which is from the neighboring road of the Guro-gu Seoul Metropolitan Government building B, to the road in front of the red culture of 102-23, and violated the duty of prohibition of drinking twice or more.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;
1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports (A) and investigation reports (attached to the same summary order);
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 Act is that the defendant again commits the crime of this case even if he had a previous record of several times, taking into account the time interval between the previous record of the same kind, the blood alcohol density of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime,