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 19, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Southern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 25, 2019, at around 21:28, the Defendant driven the EM5 vehicle while under the influence of alcohol with approximately 500 meters alcohol concentration of 0.075% in the section of approximately 500 meters from the roads near Seoul Special Metropolitan City B to the front road of the D apartment complex D-dong.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, and report on the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes to criminal records, investigation reports (a summary order of the same criminal records as a 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records and arguments of this case, including the following circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime, blood alcohol level, the distance of drunk driving, the distance of the previous drinking driving, and the time interval between the crime of drinking driving and the crime of drinking driving in this case, shall be comprehensively considered and determined

The circumstances that are disadvantageous to the driving of drinking, which are likely to cause serious damage to the life, body and property of others, needs to be punished corresponding to the criminal liability, and the defendant has been punished twice by drinking driving in 2004 and 2013, and the circumstances that are favorable to the fact that the driving of drinking is done at once despite the fact that he has been punished twice by drinking driving in 204 and 2013: The defendant is recognized to commit the crime and is against the wrong fact; there was no accident due to drinking driving; there was no other criminal history except