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

On June 17, 2014, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act, and KRW 4 million by the above court on February 12, 2016, respectively.

around 04:05 on August 1, 2020, the Defendant driven DMW520 d motor vehicles at approximately 50 meters in a state of alcohol alcohol concentration of about 0.185% from the vicinity of Gangnam-gu Seoul Station to the front of the same Gu C.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (two times before sound records and two times), and application of Acts and subordinate statutes of each summary order;

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 was that the Defendant was punished for drunk driving on around 2014 and around 2016, and the instant drinking driving was also conducted at the same time, and the blood alcohol concentration was considerably high, and the responsibility for the offense is not somewhat minor.

However, the defendant's mistake is against his will, the driving distance is short, the occurrence of a traffic accident does not lead to the occurrence of a traffic accident due to the drinking driving in this case, and the defendant is expected not to repeat again after being consulted and treated with respect to drinking problems, and the defendant's age, environment, occupation, family relationship, circumstances after the crime, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., shall be determined as per the disposition