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 2, 2009, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act at the Incheon District Court on December 2, 2009, and on April 4, 2016, the Defendant issued a summary order of KRW 4,00,000 to a fine for the same crime at the Sungnam branch of Suwon District Court on April 4, 201.

Criminal facts

At around 03:00 on May 9, 2020, the Defendant driven a dial car from around 1 kilometer-gu, Incheon to the front road of the building, from around 0.141% of alcohol level, while under the influence of alcohol around 03:0.0.

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, the criminal records of the defendant, etc.];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Order to attend lectures under Article 62-2 of the Criminal Act;