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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 8, 2007, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on the same day. On November 21, 2008, the Defendant issued a summary order of KRW 2 million for the same crime in the same court on the same day, and on February 6, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 million for the same crime in the same court on the same day.

Criminal facts

On August 26, 2020, the Defendant, while under the influence of alcohol of 0.158% on blood alcohol level on August 26, 2020, driven a Fmari-child car from approximately 150 meters from the front of the “C” located in Michuhol-gu Incheon, Michuhol-gu, Incheon to the front road of the “E” located in the Michuhol-gu Incheon.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of inquiry reports, such as criminal records, and the same criminal records (attached to judgments, etc.);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime, the choice of imprisonment [Consideration of the substance and circumstances of the crime in this case, blood alcohol density, Defendant's criminal records, etc.] Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., taking into account the fact that he/she does not drive under the influence of alcohol again against his/her mistake)

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Probation and community service order under Article 62-2 of the Criminal Act;