A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On February 1, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating Road Traffic Act (drinking driving) at the Seoul Central District Court.

【Criminal facts” around 14:30 on October 18, 2020, the Defendant driven Cone Star Motor Vehicle while under the influence of alcohol content of about 0.157% on the road of approximately 24km from the front of the restaurant to the front of the Incheon Bupyeong-gu apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a written statement (D) and an inspection manual;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Records of judgment: Inquiries into foreign crimes and investigation records, investigation reports (verification of the record of punishment for driving a suspect under influence of alcohol), and application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The Defendant committed the instant crime even though he/she had the record of punishment of a fine due to drinking driving, as stated in the judgment below.

The defendant's blood alcohol concentration level is high.

The defendant caused a traffic accident (accident) while driving under drinking.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

There is no history that the defendant has been punished more than a fine.

In addition, comprehensively taking into account the aforementioned circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and arguments, the punishment shall be determined as ordered.