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 December 26, 2008, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on February 10, 2009, issued a summary order of KRW 3 million as a fine for the same crime in the incidental branch of the Incheon District Court.

At around 23:30 on April 30, 2019, the Defendant driven C K5 car under the influence of alcohol by 0.121% in a section of about 25km from the street in front of the bnd of the Dong-si, Ansan-si, Ansan-si.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that there is no record of punishment for drunk driving in the last ten years, and there is no record of criminal punishment other than the previous record of drunk driving in the judgment, the fact that the defendant's environment and family relationship, the circumstance of detection of drunk driving, etc. shall be determined as ordered in consideration of all the circumstances.