A defendant shall be punished by imprisonment for one year.

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 January 9, 2008, the Defendant received a fine of KRW 2.5 million from the Incheon District Court as a violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the Incheon District Court’s Branch Branch on October 30, 2015 to the violation of the Road Traffic Act (driving).

Nevertheless, at around 01:10 on April 3, 2019, the Defendant driven Dsch Rex sports vehicles with approximately 12km alcohol concentration of about 0.110% in the section of approximately 12km from the roads near Kimpo-si B to Kimpo-si in front of Kimpo-si.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. In light of the following: (a) Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act committed the instant crime of drinking alcohol again even though he/she had a history of having been punished several times for the same crime; (b) the blood alcohol concentration level in the instant case exceeds 0.110%; and (c) the Defendant’s liability is not less than that of the instant crime even though a traffic accident occurred during drinking driving.

However, the order is issued in a comprehensive consideration of various kinds of sentencing conditions shown in the trial, such as the fact that the defendant reflects the defendant's mistake in depth, the contents of the same criminal records, the time and frequency of the crime, family relations, circumstances after the crime, age, character and conduct, economic conditions, etc.