A defendant shall be punished by imprisonment for a term of one year and two months.

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 December 26, 2007, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Seoul Southern District Court, and on February 13, 2012, a summary order of KRW 2,50,000 as a fine for the same crime at the same court, respectively.

On April 5, 2020, at around 20:46, the Defendant driven a Eniboo vehicle from the front side of the Incheon Gyeyang-gu Incheon Metropolitan City, to the front side of the D apartment, with approximately 7km alcohol concentration of about 0.130%, while under the influence of alcohol level of about 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal investigations, and summary orders;

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. Article 53 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: The defendant was punished three times due to drunk driving, but he was driving again.

It is a high level of blood alcohol concentration measured.

The favorable circumstances: The history of the same crime is before eight years, and the vehicle is disposed of, and the vehicle is not driven again.