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 June 5, 2013, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

At around 02:30 on April 19, 2020, the Defendant driven a F Kan-Pon car at a level of approximately 300 meters alcohol concentration 0.108% under the influence of alcohol from the front of the “C” road located in Pyeongtaek-si B to the front of the “EAAD” road in Pyeongtaek-si D.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, etc. and inquiry reports, investigation reports (Attachment of the same type of judgment and attachment of the judgment),- Application of one summary order Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant was punished for drunk driving, the punishment for the crime of this case is not weak, but the defendant is led to confession and reflect, the defendant has no record of crime other than once due to previous drunk driving, and the punishment shall be determined as ordered by taking comprehensive account of various factors of sentencing, such as the level of drinking alcohol and driving distance, driving distance, the defendant's age, character and conduct, environment, and circumstances after the crime.