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 March 17, 2014, the defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

On April 13, 2020, at around 04:39, the Defendant driven a Bho-do car in the state of alcohol alcohol concentration of 0.032% while under the influence of alcohol at approximately 40km from the French-si (hereinafter referred to as the “Sho-si”) to the Seodong Highway Incheon 4.9km, the Don-si (hereinafter referred to as the “Sho-si”) located on the 818 west coast in Sinung-si, Sinung-si.

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. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes of the same kind of crime reporting (verification of criminal records);

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 defendant has a record of being punished for drinking-driving even before the reason for sentencing Article 62-2 of the Criminal Act.

Nevertheless, the crime of this case was committed under the influence of alcohol concentration of 0.032%.

The distance of drinking driving is reasonable.

However, the defendant's recognition of the crime of this case and reflects the fact that the defendant again does not drive under the influence of alcohol while taking into account the circumstances favorable to the transfer of the defendant's vehicle. In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, criminal record relations, etc., the punishment as ordered shall be determined as per Disposition.