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 November 21, 2016, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On February 27, 2020, at around 01:55, the Defendant driven a car from the front of the C cafeteria located in Kimpo-si B to the front road located in Kimpo-si, with a blood alcohol concentration of about five meters from approximately 0.147% under the influence of alcohol.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Previous records of the police's statement of the defendant's court statement G on the main driver's statement, the circumstantial statement, and the notification of the result of the drinking driving control (Refusal of notification of the result of the drinking driving control): The application of Acts and subordinate statutes related to the summary order of the Incheon District Court Decision 2016 High Court Decision 3601, and the criminal record inquiry

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The Defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, repeated the same offense despite his previous conviction.

The defendant also caused an accident that causes the shock of vehicles due to driving while driving, and the risk of drunk driving has been embodied, and the risk of human life has also been deteriorated.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.

The current Road Traffic Act has been greatly strengthened with the social demand to eradicate the harmful effects of drinking driving.

Nevertheless, the Defendant, on the ground that he was acting as an agent, showed a non-cooperative attitude in the investigation, such as denying a crime and refusing to sign a notice of the result of the influence of drinking driving control. The nature and circumstances of the crime are inferior.

However, the defendant.