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

[criminal power] On July 23, 2010, the Defendant received a summary order of KRW 1.5 million from the Seoul Central District Court to a fine of KRW 1.5 million, and a summary order of KRW 5 million from the Seoul Western District Court to a fine of KRW 5 million on May 9, 2014.

【Criminal Facts】

On July 26, 2020, at around 03:36, the Defendant driven a car at the horse of Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the front road of the same Gu C apartment D's ground parking lot with approximately 1km alcohol concentration of about 0.183% under the influence of alcohol.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report on the results of the crackdown on drinking driving (report on the circumstances of a drinking driver) and investigation report (whether the Ba mark formula is applied or not);

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 is the offense of high risk of causing harm to the body and property of others as well as himself/herself.

Although the Defendant had been sentenced to a fine in 2010 and 2014 due to a drunk driving, the Defendant was running the instant drunk driving even during the period of suspension of execution due to a species of crime.

In addition, the blood alcohol concentration level was high at the time of the instant case, and the traffic accident occurred due to the drinking driving of the instant case.

On the other hand, by taking into account the circumstances favorable to the defendant, such as the fact that the defendant is expected not to drive a drinking again, the punishment is imposed as ordered in consideration of the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character, conduct and environment, background, means and consequence of the crime, etc.