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 October 11, 2010, the Defendant was sentenced to a fine of KRW 5 million by the Incheon District Court due to a violation of the Road Traffic Act.

On September 10, 2019, at around 03:15, the Defendant driven a Dbenz car at approximately 50 meters section from the front day of the Mayang-gu, Mayang-si to the front road of the Mayang-gu, Mayang-si, Anyang-si, under the influence of alcohol concentration of 0.10%.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. On-site photographs and caps of CCTV images;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution) (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Suspension of Execution, even though the person has been punished four times by a fine due to a drunk driving, has

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;