A defendant shall be punished by imprisonment for one year.

except that 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

The Defendant, at the Incheon District Court on February 2, 2009, received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) and KRW 1.5 million as a fine in the same court on April 17, 2009, and was sentenced to a summary order of KRW 1.5 million at the same court on August 26, 2010.

On October 25, 2019, at around 22:22, the Defendant, while under the influence of alcohol of 0.096% of blood alcohol concentration, driven BSM6 cars on the road of approximately 200 meters from the public parking lot of 11-2 to the front of the 22-1 business bank in Kimpo-dong, Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the records of a crime committed by the defendant, the fact that the defendant is against his/her will, the interval between the previous driving of drinking alcohol and the level of drinking alcohol);

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act or more (recognisive grounds for discretionary mitigation);