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

On September 22, 2015, the Defendant was issued a summary order of KRW 4 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 23:00 on July 31, 2020, the Defendant driven C rocketing car with the blood alcohol concentration of about 0.130% in the section of about 5km from the Do in the Do in the Gangseo-gu Seoul Metropolitan City to the Do parking lot B from Mapo-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, and the investigation report made on the results of the crackdown on drinking driving (the circumstantial report of the drinking driver);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order for a sound driving), and 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, even though the Defendant had a record of drinking alcohol driving in 2015, was also driving under the influence of alcohol.

On the other hand, considering the circumstances favorable to the defendant, such as the occurrence of a traffic accident due to drinking driving of this case, the degree of blood alcohol concentration, driving distance, age, character and behavior, environment of the defendant, motive, means and consequence of the crime, etc., various sentencing conditions as shown in the trial process of this case shall be determined as ordered.