A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 7, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court. On February 15, 2008, the Defendant issued a summary order of KRW 2 million for the same crime in the same court.

Criminal facts

On December 10, 2020, the Defendant driven a sports car at approximately three kilometers from a Do near Incheon Michuhol-gu to a road located in Michuhol-gu Incheon, Incheon, under the influence of alcohol level of 0.062% among blood transfusion around 22:02.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor (Consideration of the defendant's drinking records, etc.);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act for Reduction of Small Quantity ( currently, the defendant is able not to drive alcohol in the future as he/she repents his/her mistake in depth);

being taken into account, such as being in progress)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the aforementioned circumstances);