A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On November 10, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on November 10, 201, and on March 18, 2015, the Defendant was sentenced to a fine of KRW 8 months and a suspended sentence of two years.

"2018 Highest 5801"

1. On July 20, 2018, the Defendant violated the Road Traffic Act (breathing) operated a FL car under the influence of alcohol at approximately 0.131% alcohol concentration from the 1km section from the Defendant’s house located in Seo-gu Incheon Metropolitan City on July 20, 2018 to the E stations located in the same Gu, even though the Defendant violated twice the prohibition of driving under the influence of alcohol. However, around July 22:25, 2018, the Defendant driven a FL car under the influence of alcohol with approximately 0.131% alcohol concentration in blood.

"2018 Highest 6000"

2. On July 25, 2018, the Defendant, on July 25, 2018, driven a G dump truck under the influence of alcohol with approximately 0.108% alcohol concentration in blood at the section of about 3km from the front of the site of the modern framework construction in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, to the front of the new construction site of this Ireland, from around 10:25, July 25, 2018.

Summary of Evidence

[Judgment 1] Facts / [2018 Highest 5801]

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Two facts as stated in each investigation report;

1. Statement by the defendant in court;

1. Reporting the occurrence of a traffic accident, a survey report on the actual condition, a report on the detection of a primary driver, a field photograph, a circumstantial statement report on a primary driver, a driver's license ledger, or a tea inquiry;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, and the choice of a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend lectures, is a serious risk to the life and body of others.