A defendant shall be punished by imprisonment for one year.

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 November 22, 2013, the defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act in an Ansan District Court's Ansan Branch on November 22, 2013.

On July 19, 2019, at around 23:53, the Defendant driven a motor vehicle with Dialty under the influence of alcohol concentration of approximately 0.05% from the section of approximately 1km from the vice-dong of Bupyeong-gu Incheon, Incheon to the same Gu B, and from the road of the Cusstro to the Cusstro.

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. Notification of the results of the control of drinking driving and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the same as the previous sentence, the interval between the same military force and the case in this case, the blood alcohol concentration in this case, the level of punishment for the recidivism of drinking alcohol due to the revision of the law is high, and it is difficult to eliminate the possibility of recidivism in the future, and the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and all of the sentencing factors specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.