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 history] On November 14, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the Incheon District Court Branch on November 14, 2008, and on May 3, 2018, the Seoul Southern District Court issued a summary order of KRW 3 million as an identical crime at the Seoul Southern District Court.

[Criminal facts] On November 29, 2020, the Defendant driven C K7 cars under the influence of alcohol with approximately 0.046% alcohol concentration from around 1 kilometer to around 200,000 on the road in which no address is known from around 05:40 to around 20,000.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. A written statement concerning the defendant who has made a legal statement of the police interrogation protocol against the defendant, a statement of the situation of the driver who is placed in the police interrogation protocol, a report on the driving of alcohol, a report on the results of crackdown on driving of alcohol, a report on the actual traffic accident, a report on the occurrence of a traffic accident, a report on the status of a traffic accident, a register of driver's licenses in the scene of an accident, a vehicle-to-face inquiry, and a report on investigation into mandatory insurance (a report on the situation of the driver who is placed in the main

1. Previous convictions indicated in the judgment: Inquiry of criminal history, investigation report (verification of the same criminal record) and application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the records that the Defendant was punished for driving under drinking in 2008 and 2018. In light of the fact that the Defendant had been driving under drinking in three years after having come to the knowledge of the three years, the risk of recidivism is very high.

In consideration of these points, punishment shall be imposed by imprisonment.

However, the Defendant’s confession and reflects all of the instant crimes, and the alcohol concentration in blood at the time of the instant crime is not very high.