Defendant shall be punished by imprisonment for a term of one year and two months.

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 January 30, 2015, the Defendant is a person who received a summary order of a fine of KRW 1.5 million from the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

On May 5, 2020, at around 04:58, the Defendant driven a D K3 car while under the influence of alcohol 0.166% in the section of approximately 9.6 km from the front of Mapo-gu Seoul to the front of the Seodaemun-gu Seoul Western apartment zone.

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

Summary of Evidence

1. Legal statements, drinking controlers, drinking controlers (firstly amended after the application of the Madmark) by the defendant;

1. Reports on internal accidents (for the purpose of applying the Madmark);

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (Attachment of criminal records of the same kind as the suspect);

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 been punished once for drinking driving in 2015, he/she also driven the instant drinking, and the drinking alcohol level at the time of the instant case is high.

On the other hand, this case's drinking driving did not cause a traffic accident, and the drinking driving force of the judgment is all the criminal records.

In addition, the defendant again said that he would not distort such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the pleading.