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 became final and conclusive.

Punishment of the crime

On October 31, 2008, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

피고인은 위와 같이 음주운전 전력이 있음에도 2020. 7. 3. 00:25경 시흥시 B 앞 도로에서부터 시흥시 C 앞 도로에 이르기까지 약 500m 구간에서 혈중알콜농도 0.087%의 술에 취한 상태로 D 포르테 쿱 승용차를 운전하였다.

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. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes concerning criminal records and summary order;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decision 2009Do14