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 June 10, 2007, the Defendant received a fine of two million won as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court on June 10, 2007, and a fine of one million won as a same crime in the same court on May 12, 2008.

On June 28, 2019, at around 05:27, the Defendant driven a C-car owned by the Defendant at a section of approximately 1 kilometer from the influent land in Bupyeong-si to the front day of Seocheon-si B in the state of alcohol of about 0.135 percent of alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, notification of the control results of drinking driving, and report on the situation of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Taking account of the fact that the Defendant again committed the instant crime of drinking alcohol even though he had the same criminal history, and the blood alcohol concentration of the instant case exceeds 0.135%, the Defendant’s liability for the crime is not against the law.

However, considering the fact that the defendant is against himself and has no record of punishment exceeding a fine, the contents, time and frequency of the same criminal records, circumstances after the crime, the age, character, conduct, family relationship, economic circumstances, etc. of the defendant, the punishment as the order shall be determined in the same manner as the order is comprehensively taking into account.