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

On May 13, 2011, the Defendant received a summary order of KRW 1,50,000 from the Daegu District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 4 million for a fine of KRW 1,00,000 for a violation of the Road Traffic Act from the Seog District Court on February 15, 201.

On September 1, 2019, at around 21:55, the Defendant driven a motor vehicle with DNA alcohol concentration of approximately 0.085% at a distance of about 200 meters from the front of a cafeteria located in the Seogu Seo-gu Incheon Metropolitan City, to the front of the C in Daegu Seo-gu, the Defendant driven a motor vehicle under the influence of alcohol at around 0.085%.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects who violate the Road Traffic Act;

1. Inquiry into the results of the regulation of drinking driving, including the circumstantial statement of a drinking driver;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act, despite the past record of criminal punishment twice due to drunk driving, repeating the same crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is considerably high to 0.085%.

In light of these points, it is necessary to strictly punish the defendant.

However, the fact that the defendant has been fully aware of the facts of the crime, there is no record of punishment exceeding the fine, and that he raises young children, etc. shall be considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by taking into account the following factors.