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 Power] On July 11, 2006, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 2, 2020, at around 23:24, the Defendant driven a D car under the influence of alcohol level of about 0.092% from the 2km section from the front of Yongsan-gu Seoul to the front of the same Gu C on the road.

Accordingly, the defendant violated the prohibition of re-offending of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

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 had been punished for drunk driving twice, but the Defendant also driven the instant drinking driving.

On the other hand, the previous drinking driving force was 15 years and 14 years prior to the occurrence of an accident, and the driving of this case was not led to an accident, and the defendant again said that he would not commit such an error, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, etc.