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 April 4, 2017, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan District Court’s Ansan Branch.

【범죄사실】 피고인은 위와 같이 음주운전으로 처벌받은 전력이 있음에도, 2020. 01. 19. 09:41경 안산시 단원구 B 앞 도로에서부터 시흥시 정왕동 2202-2 오이도소초 앞 도로에 이르기까지 약 4km 구간에서 혈중알코올농도 0.104%의 술에 취한 상태로 C 팰리세이드 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and a drinking-free driver;

1. Previous records: Application of inquiries, such as criminal records, etc., a written reply and output of the summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Three times of the record of being sentenced to a fine due to the driving under the influence of alcohol for the reason of sentencing in Article 62-2 of the Criminal Act, but two cases are old previous years. They seem to be a letter or a night driver with a high blood alcohol concentration. In addition, the punishment shall be imposed in consideration of the defendant's opposite nature, the age, occupation, environment, circumstances of the crime, etc.