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 April 3, 2009, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

Although the Defendant was punished as a crime of violating the Road Traffic Act, around July 21, 2020, the Defendant driven a DNA motor vehicle under the influence of alcohol content of about 0.046% from the section of approximately 2 km from the roads adjacent to the Seo-gu, Seoan-gu, Seoan City to the roads adjacent to the Seoan-gu, Seoan-gu, Seocheon-gu, Seoan-gu, Seocheon-gu, Incheon.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place, crackdown on drinking drivers, notification of detection, report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, and the ledger of use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. and summary orders;

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 reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

In the past, even though the defendant was fined once due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

However, the defendant recognizes his mistake and is against his will.

The numerical value of blood alcohol concentration measured is low.

There was no accident.

No person shall be subject to criminal punishment, except for a fine not exceeding twice.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.