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 May 31, 2019, the Defendant was issued a summary order of KRW 1,50,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act.

On September 12, 2019, the Defendant driven a DNA-free car from about 20 meters at a distance of about 20 meters from the front to the front road of Heungsi apartment in the same city, under the influence of alcohol content of 0.072% of blood alcohol level around 01:06.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes attached to written judgments;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.