Defendant shall be punished by imprisonment for a term of one year and four 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

On May 10, 2019, the Defendant was issued a summary order of KRW 1 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Nevertheless, around 06:30 on August 12, 2020, the Defendant driven a DM7 car under the influence of alcohol concentration of approximately 0.148% in the section of approximately 1.3km from the 40 Do in front of the Mapo-gu Seoul Metropolitan Public Security Center to the access road to B apartment-dong roads.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement, circumstantial statement, records of the drinking driving control, criminal records inquiry reports on the criminal records, investigation reports (attached to a summary order for 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 Code of the Order of Education and the Order of Community Service was that the defendant was punished for drinking under the influence of alcohol in 2019, and the driving of the instant case was done under the influence of alcohol, and the occurrence of the instant traffic accident.

In addition, the Defendant was punished by a fine for violating the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act in 2019.

Meanwhile, considering the circumstances favorable to the defendant, such as the fact that the defendant again said that he would not commit such an error, the punishment as ordered shall be determined by taking into account the various circumstances favorable to the defendant, such as the drinking water and driving distance of the case, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments.