A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Power】 On December 29, 201, the Defendant was issued a summary order of KRW 2.5 million by the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act, etc. On February 15, 2012, the Defendant was issued a summary order of KRW 6 million by a fine for a violation of the Road Traffic Act (driving) at the Jungyang Branch Branch of the Jung-gu District Court on February 15, 201, and on March 2, 2012, the Defendant was issued a summary order of KRW 3 million by the Seoul Southern District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts” around December 4, 2019, around 22:50, the Defendant driven an Eone Star Car while under the influence of alcohol concentration of about 1km from the front road in the vicinity of Gangseo-gu Seoul Metropolitan Government B to the front road of the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and photograph of the accident site;

1. Previous records of judgment: Criminal records, inquiry reports, list of related cases, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 Criminal Act: The Defendant committed the instant crime even though he/she had a record of being punished several times due to drinking driving, as stated in the records of the criminal records in the judgment.

A favorable circumstances: The defendant recognized the crime of this case and seriously reflects the crime, and disposes of the vehicle used at the time of drunk driving and not repeating the crime.

There is no record that the defendant was punished for drinking driving since 2012, and there is no record of punishment exceeding the fine.

In addition, considering the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions stated in the records and arguments, such as the circumstances after the crime, the punishment as ordered.