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 October 28, 2010, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on the grounds of a violation of the Road Traffic Act, etc. On August 18, 2015, the Defendant received a summary order of KRW 2.5 million by the Incheon District Court on August 18, 2015.

【Criminal Facts】

Although the Defendant had been punished for drunk driving as above, around 04:45 on July 6, 2019, the Defendant: (a) moved from the front side of the “Cju shop” in Michuhol-gu Incheon, Michuhol-gu to the front side of the “Cju shop” in Michuhol-gu, Incheon to the drawing intersection in 263 at approximately 2 km to the same Gu, and driven a motor vehicle under the influence of alcohol with a blood alcohol content of 0.096%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as criminal records and investigation reports (report on confirmation of the same criminal records as a suspect), and summary orders attached thereto;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da11448

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;