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

[Criminal Power] On April 10, 2015, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang Branch on April 10, 2015

【Criminal Facts】

On May 3, 2020, at around 02:25, the Defendant driven a vehicle of 1.5 km with C from the roads near the Whodong in Mapo-gu Seoul to the roads front of Seoul Mapo-gu, while under the influence of alcohol by 0.152% of blood alcohol level.

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

Summary of Evidence

1. The application of Acts and subordinate statutes to the accused's legal statement, notification of the results of drinking driving control, criminal records of crackdowns, investigation reports (suspect's records of drinking driving), and 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, even though the Defendant had been punished for drunk driving once in 2015, was also driving under the influence of alcohol.

On the other hand, the above drinking driving is the entire history of criminal punishment, and the defendant again does not commit 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 in this case, 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 arguments.