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 April 30, 2009, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act.

On January 1, 2020, at around 01:59, the Defendant driven Bcoin or car under the influence of alcohol by 0.135% in blood alcohol concentration, from the street near the storm ginseng in the Sinju-Eup Pulri-si, to the street near the same Eup/Myeonnyangri-riri-ri located in the same Eup/Myeonnyangri-ri-ri.

Accordingly, the Defendant, while under the influence of alcohol, once again driven a motor vehicle while under the influence of alcohol despite the power of violating the prohibition of driving such as a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, a report on the circumstances of a drunk driver, and an investigation report (report on the circumstances of a drunk driver);

1. Investigative report (Attachment to records of punishment of the same kind as a suspect), summary order, application of statutes and decisions;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant committed the crime of drinking-driving again even though he/she had three times or more due to the crime of drinking-driving.

The distance in which drinking is high and driving under the influence of alcohol is also the way.

On the other hand, 10 years have passed since the defendant recognized the crime of this case, and finally, 10 years have passed since the crime of drinking driving was committed.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.