A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On October 14, 201, the Defendant received a summary order of KRW 3,00,000 as a penalty for a violation of the Road Traffic Act.

【Criminal Facts】

On December 14, 2019, at around 09:21, the Defendant driven an E-7 car while under the influence of alcohol 0.04% in the section of approximately 500 meters from the parking lot “C” located in Dongjak-gu Seoul Metropolitan Government B to the front of the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking driver, and notification of the results of crackdown on drinking;

1. Previous convictions in judgment: Application of criminal records, repeated statements, and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing [the scope of punishment] under Article 62-2(1) and (3) of the Criminal Act, Article 59 of the Act on Probation, etc. (the application of the sentencing criteria] from two to five years (whether or not the sentencing criteria are applied] by the crime of violation of the Road Traffic Act is not set. Thus, the sentencing criteria are not applied.

[Decision of Sentence] In light of the fact that the defendant 3 years of suspended sentence for 2 years of imprisonment had a history of criminal punishment on several occasions due to the violation of the Road Traffic Act due to the drunk driving or the refusal of measurement of drinking alcohol, the defendant's liability for the crime of this case is not weak.

However, the sentencing conditions stated in the arguments of this case, such as the defendant's age, character and behavior, environment, details, motive, means and consequence of the crime, shall be determined as ordered in consideration of the following factors: the defendant's mistake is over and against his own mistake; there is no record of criminal punishment beyond the fine prior to the instant case; the driving of drinking alcohol of this case does not lead to the occurrence of traffic accident; and the punishment shall be determined as ordered only once, taking into account the following factors: