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 July 14, 2016, the Defendant was issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the District Court of Jung-gu on July 14, 2016.

On July 9, 2019, at around 00:14, the Defendant driven a DNA car with a blood alcohol concentration of about 0.068% from the 3km section from the front of a restaurant in the jurisdictional zone in Michuhol-gu Incheon Metropolitan City to the front of a store in Bupyeong-gu, Bupyeong-gu, Incheon to the road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had a record of criminal punishment twice due to the violation of the Road Traffic Act, and there are no special circumstances to consider in the circumstances surrounding the Defendant’s driving at the time of the instant crime, and driving under the influence of alcohol is a crime that may cause serious damage to the life, body, or property of another person as well as himself/herself, and that there is a need for punishment corresponding thereto, which is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no record of criminal punishment exceeding the fine, etc.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.