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

On September 5, 2016, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court.

On December 5, 2019, around 13:38, 2019, the Defendant driven a DNA mast car in the state of alcohol with approximately 700 meters alcohol concentration of 0.048% from the front side of the Dong-gu Incheon Metropolitan City B apartment road to the roads located in Jung-gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal request, a briefing report and a written appraisal on the blood alcohol concentration;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: Application of a reference inquiry report including criminal records, investigation report (Attachment to a summary order of the same kind 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. An order of education under Article 62-2 of the Criminal Act, even though there were the records of punishment for the reason of sentencing, the distance and time of drinking driving, and the records of punishment for drinking driving, resulting in considerable danger to public safety by driving in drinking condition again. After the last record of the crime of this case, time interval between the crime of this case and the crime of this case, recognition of the crime of this case, the fact that there is no past record of fine exceeding fine, and the defendant's age, character and behavior, environment, circumstances of the crime, etc., all of the sentencing conditions shown in the arguments of this case shall be determined as per the order.