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 became final and conclusive.

Punishment of the crime

[Criminal Power] On May 2, 2018, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) from an Ansan District Court.

【Criminal Facts】

On June 23:06, 2020, the Defendant driven a car under the influence of alcohol with a blood alcohol concentration of 0.143% 0.143% from the 5km section from the king-si, Sinsan-si to the front road of the members B of Ansan-si.

Accordingly, the defendant violated the drinking driving regulations not less than twice.

Summary of Evidence

1. Defendant’s legal statement, traffic accident report, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions: Inquiry into records of crimes and investigation experience of foreigners, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 punishment for an accident of drunk driving, re-offending was also conducted, and the blood alcohol concentration is also high.

The risk of the act was also high if it did not see road structures while driving.

On the other hand, there was no conflict between mistake and human damage.

In addition, the punishment shall be determined in consideration of various circumstances, such as the age, environment, and background leading to crimes.