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 July 13, 2015, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 13, 2015, and was sentenced to a fine of one million won for the same crime in the same court on April 30, 2014.

【Criminal Facts】

On January 7, 2020, at around 23:55, the Defendant driven the EM5 car volume, owned by the Defendant, while under the influence of alcohol at approximately 700 meters from the front of Yangcheon-gu Seoul Metropolitan Government to the front of the D District Zone located in Gangseo-gu Seoul Metropolitan Government, to approximately 0.076% of blood alcohol level.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim of F;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The details and punishment of an order to attend a lecture during the period of sentencing under Article 62-2 of the Criminal Act, interval from the former, the drinking volume in this case, the circumstances after the crime, etc.