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.

Criminal facts

On August 16, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on December 2, 2013, a summary order of KRW 2 million for the same crime at the Seoul Central District Court, respectively, and on March 27, 2014, the Defendant was sentenced to two years for enforcement oil for the same crime at the Ansan District Court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, around 03:20 on November 30, 2019, the Defendant driven DK5 automobiles under the influence of alcohol with approximately 0.136% of alcohol alcohol level 0.136% from the 40m section from the front of the restaurant for death, which overlaps with the trade name in Nam-gu Incheon Metropolitan City, Nam-gu B to the front of the Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Investigation report (examination of the results of the formal application of the blood alcohol concentration mark);

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of criminal records of sound driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2014Da1448, Apr. 1, 2015; Supreme Court Decision 2009Da1248

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;