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 August 31, 2018, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for the violation of the Road Traffic Act, etc. in the support of the Daejeon District Court in the Incheon District Court.

On August 20, 2020, at around 23:40, the Defendant driven a DNA SM6 car under the influence of alcohol content of about 0.188% in the section of approximately 2km from the front of the Ministry of Employment and Labor’s west-gu, Western-si to the front of a restaurant located in Seoan-gu, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of punishment records for running a sound driving), and application of Acts and subordinate statutes governing summary orders;

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. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished by a fine due to the violation of the Road Traffic Act, etc., the driving of the instant drinking, the fact that the blood alcohol concentration of the instant case is considerably high, and the fact that the defendant recognizes the crime, etc. shall be determined as the same as the disposition.