Defendant shall be punished by imprisonment for a term of one year and two months.

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 November 28, 2016, the Defendant was punished by a fine of KRW 5 million due to a violation of the Road Traffic Act by the Incheon District Court.

At around 03:00 on August 8, 2019, the Defendant driven a F A6 car in the state of alcohol alcohol concentration of about 2 km from the Do preceding the packing end of Dongdaemun-gu Seoul Metropolitan Government to the E church parking lot located in the same Gu D, with approximately 0.218% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a host driver, investigation report (report on the circumstances of the host driver), blood alcohol appraisal report and investigation report (with respect to the formal application of the Ba mark);

1. A previous conviction in judgment: An inquiry report and an investigation report (related to the same kind of power) shall be applied by 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. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. The defendant of the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though he/she had a record of being punished by a fine due to drunk driving, once again drives the instant drinking, and the drinking level is very high, so the defendant needs to be punished corresponding thereto.

However, the defendant's mistake is divided and reflects his wrong and does not repeat the same mistake, and there is no heavy criminal punishment exceeding the fine prior to the instant case.

In the meantime, there was no traffic accident due to the drinking driving of the instant case.

Vehicles operated by the defendant were disposed of.

Taking into account such circumstances and other conditions of sentencing as prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, and environment, the court decides to trust the Defendant’s identity only once and to suspend the execution of the above imprisonment. The sentence is determined as per Disposition.