A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On October 10, 2008, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving), and on December 7, 2016, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (drinking driving) in the support for the development of a water source method.

Criminal facts

On October 1, 2020, the Defendant, while under the influence of alcohol 0.147% during blood transfusion around 04:50, driving the e-learning car over approximately 1.2 km from the front road located in Bupyeong-gu Incheon Metropolitan Government B to the front road of the same Gu, and again driving the e-learning car over approximately 0.7 km from the front road of the same Gu to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (Consideration of the defendant's drinking records, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity ( currently, the defendant is able not to drive alcohol in the future as he/she repents his/her mistake in depth);

being taken into account, such as being in progress)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;