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 October 27, 2010, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court.

At around 22:30 on June 20, 2020, the Defendant driven Erabs vehicle from the road near the Defendant’s residence located in Asan City B to the road front of the D cafeteria located in the same City, while under the influence of alcohol of 0.175% of alcohol concentration.

As a result, although the defendant had a record of punishment for drinking driving, he was driving a motor vehicle while under the influence of re-driving.

Summary of Evidence

1. Defendant's legal statement;

1. A circumstantial report on a drinking driver, a report on drinking or an investigation report on the mark of a drinking driver;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to a summary order);

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;