A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 31, 2008, the Defendant issued, at the Incheon District Court, a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving), a fine of KRW 5 million for the same crime at the same court on February 19, 2014, and was sentenced to a summary order of KRW 5 million for the same crime. On November 4, 2015, the Defendant was sentenced to a suspended sentence of imprisonment of KRW 8 months for the same crime and violated Article 44 (1) of the Road Traffic Act two or more times by a two-year suspended sentence for the same crime in the same court on November 4, 2015, and was under a violation of Article 44 (1) of the Road Traffic Act on at least two occasions on October 20, 2017, under the influence of alcohol concentration of KRW 0.095% in alcohol among blood alcohol, and proceeds from the section from the mountain-dong Si of Jung-gu Incheon Metropolitan City to approximately 10 meters in advance 43rd way.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions: References to inquiries, confirmation of identical power, application of summary order and copies of each judgment attached thereto;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend the Course of Education are as follows: (a) although the Defendant had a large number of criminal records of violating the Road Traffic Act, including three times of the same kind of crime, it is extremely poor that the Defendant committed the instant crime while driving a motor vehicle under the influence of alcohol; (b) however, it is very poor that the Defendant did not go against other traffic-related Acts and subordinate statutes; (c) the amount of alcohol concentration in blood was relatively high; (d) the driving distance was not relatively high; and (e) the driving distance was not relatively long; (e) the Defendant’s mistake was repented; and (e) the Defendant’s age, sex, environment, family relationship, etc. were all taken into account, and all other circumstances surrounding the sentencing conditions.