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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 26, 2009, the Defendant received a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 3 million for the same crime from the subsidiary branch of the Incheon District Court on December 1, 2014.

Nevertheless, at around 23:26 on February 14, 2020, the Defendant driven a Dk5 car at a section of about 5 km from e.g. to e. in the front of e.g., e., e., the blood alcohol concentration of 0.103%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Measuring instruments and photographs;

1. Previous records: Criminal records, etc. inquiry reports and application of each summary order-related Act and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant again committed the instant crime despite the fact that he/she had been punished twice due to drinking driving as stated in its reasoning, and that there is no motive or circumstance to consider the commission of the instant crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.