A defendant shall be punished by imprisonment for one year.

except that 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 February 8, 2019, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act at the Seoul Southern District Court.

【Criminal Facts】 On April 24, 2020, at around 00:15, the Defendant driven BMW car at approximately 26 km from the roads near the Seo-gu Incheon Maam Station to the lower roads of 0.127% per company of the National Assembly as the Seoul Yeongdeungpo-gu City doctor, along with the alcohol concentration of 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection, reporting on the state of driving under the influence of alcohol, reporting on the state of operating under the influence of alcohol, and reporting on the results of the control of drinking alcohol;

1. Criminal records as indicated in the judgment: The application of Acts and subordinate statutes to criminal records, reply reports;

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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of being punished by a fine due to drunk driving, as stated in the judgment of the court below.

The defendant's blood alcohol concentration level is high, and the distance of drunk driving is also visible.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history that the defendant has been punished more than a fine.

The mother of the defendant wanted the defendant's prior wife to the defendant.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.