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 January 31, 2008, the Defendant issued a summary order of KRW 1 million at the Incheon District Court to a fine for a violation of the Road Traffic Act, and on February 7, 2014, a summary order of KRW 1 million was issued to a fine of KRW 20,000 due to a violation of the Road Traffic Act (driving) from the Suwon District Court’s Housing Site Board.

【Criminal Facts of Crimes】 On October 8, 2019, at around 23:58, the Defendant driven B-do motor vehicle while under the influence of alcohol with approximately 8km alcohol concentration of 0.059% in the vicinity of the Hodong-gu Incheon Nam-gu, Incheon Metropolitan City, from the roads near the Hopo subway Station 205 to the 13-32 (Liology-ro 277, Michuhol-gu, Michuhol-gu, Incheon, to the literature-IC neighboring roads, and drive B-do motor vehicle under the influence of alcohol concentration of 0.059%.

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. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions: Application of criminal records and summary order Acts and subordinate statutes;

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. The defendant's age and behavior environment, motive means of crime, result of crime, circumstances after crime, etc., including the numerical value of blood alcohol concentration as stated in the judgment of sentencing in Article 62-2 of the Criminal Act, the scope of drinking alcohol level, the circumstances leading to drinking driving, etc. shall be determined as ordered by taking comprehensive account of all the arguments of this case and the sentencing conditions shown in the records.