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 August 31, 2011, the Defendant received a summary order of KRW 3 million from the Seoul Central District Court to a fine of KRW 1.5 million, and on February 1, 2012, the Defendant received a summary order of KRW 1.5 million from the Seoul East East District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On February 13, 2020, at around 19:15, the Defendant driven a B Sti-type car under the influence of alcohol content of about 50 meters at approximately 0.123%, from the front of the Chinese restaurant where it is impossible to know the trade name in the external response dong at the time of permanent stay to the entrance of the Gu residents in the outer response dong at around 50 meters.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the results of crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to the same type of judgment);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend lectures has the record of being punished for the crime of drinking alcohol driving on two occasions, such as the first head of the judgment prior to the instant crime, and driving without a license in 2012.

It is a fact that a traffic accident has escaped, and a drinking driving is conducted in competition with other crimes in 2003.

According to the fact that the traffic accident was paid, each sentence was sentenced.

At the time of the instant case, the Defendant’s blood alcohol concentration is also 0.123%.

However, since 2012, there is no record that the defendant was punished for drinking driving, all of the first head criminal records of the judgment in the judgment is punished by a fine, the defendant supports his mother, and the defendant does not commit a second offense.