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

[Criminal Power] On November 25, 2019, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

The Defendant, from September 30, 2019 to December 18, 2019, was in the state of suspending the validity of the driver’s license, but around December 22:13, 2019, the Defendant driven the Ecoc car in the state of being under the influence of alcohol content of about 0.105% from approximately 10 meters from the front side of the soup soup restaurant in Gyeyang-gu Incheon to the front side of D in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Details of suspension of driver's license and the register of driver's licenses;

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor as a matter of course [Considering the content and circumstances of the crime of this case, blood alcohol concentration, and the fact that the defendant committed the crime of this case in a short period despite the fact that he/she had been punished as the above criminal records, other than the above criminal records, and that the defendant has the record of being punished for drinking driving];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;