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 16, 2009, the Defendant received a fine of one million won as a crime of violation of the Road Traffic Act from the Incheon District Court.

On October 17, 2019, at around 23:38, the Defendant, as seen above, driven C-ho-do under the influence of alcohol with a blood alcohol concentration of approximately 0.067% from the 40km section from the south-si (hereinafter referred to as the “Seoul-si”), to the front road of Seocheon-si B.

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. Police suspect interrogation protocol of the accused;

1. Report on the status of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, report on the status of standing under the influence of alcohol drivers, investigation report (report on the status of drinking drivers), and report on

1. Before judgment: Criminal records, investigation reports, and application of summary order-related 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In view of the fact that Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act had a history of having been punished several times for the same crime, and again commits the crime of drinking alcohol in this case, the Defendant’s responsibility for the crime is not somewhat weak.

However, the defendant is against himself and has no record of punishment exceeding a fine, the contents of the same criminal records, the time and frequency of the crime, and the blood alcohol concentration (0.067%) are relatively high, and the conditions of various sentencing as shown in the trial shall be determined as per the order, comprehensively taking into account the following circumstances: the defendant's age, character and conduct, family relationship, economic situation, etc.