A 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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 3, 2015, the Defendant was given a summary order of a fine of KRW 3 million by the Seoul Southern District Court for a violation of the Road Traffic Act.

On February 8, 2020, at around 03:05, the Defendant driven a c-wing truck at a section of about 25 meters from the second to the entrance of the parking lot in Gyeyang-gu Goyang-gu B parking lot with a alcohol level of 0.189%, while under the influence of alcohol at around 03:05.

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

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records of driving under the influence of judgment: Investigation report (Attachment to a summary order of the same kind of crime), criminal records, and application of Acts and subordinate statutes;

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 Road Traffic Act amended on December 24, 2018, as of December 24, 2018, upon the demand that the punishment for the latest drunk driving should be strengthened for the reason of sentencing under Article 62-2 of the Criminal Act, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if discretionary mitigation is conducted).

As stated in the facts of the crime in the judgment, the Defendant, even though he had the history of punishment for drunk driving, again carried out the drinking of this case, and since the blood alcohol concentration is very high to 0.189%, it is necessary to severely punish the Defendant.

However, in consideration of the fact that the defendant's mistake is recognized and divided, the distance of driving is not long, etc., the punishment shall be determined as above after mitigation.