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 October 29, 2010, the Defendant received a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on August 3, 2018, from Daejeon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act.

On April 18, 2020, the Defendant, while under the influence of alcohol of 0.093% of blood alcohol concentration, driven a CM6 car at a section of about 3 km from the roads near the trade name in the new town located in the Dong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Incheon to the roads in front of the Dong-gu B hotel in the Dong-gu, Chungcheongnam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (Report on the status of an employee);

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, records of the control of drinking driving, and other Acts and subordinate statutes;

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. The punishment as ordered shall be determined in consideration of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act was punished twice by a fine for the violation of the Road Traffic Act, taking into account the fact that he/she drives the instant drinking, the blood alcohol concentration of this case is high, and the fact that the defendant recognizes the crime.