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 December 6, 2012, the Defendant was issued a summary order of KRW 3 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving as above, on December 18, 2019, the Defendant driven B K7 car under the influence of alcohol leveling 0.153% in the section of about 8km from the French-dong, Incheon Gyeyang-dong, Seoul, to the road at a point of 82.7 km in the direction of the horizontal intersection of the Knpo-dong, Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Previous records of judgment: Application of one copy of inquiry report, investigation report, summary order, etc., including criminal records, and one copy of the summary order;

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. An order of education under Article 62-2 of the Criminal Act, even though there were the records of punishment for the reason of sentencing, the distance and time of drinking driving, and the records of punishment for drinking driving, resulting in considerable danger to public safety by driving in drinking condition again. After the last record of the crime of this case, time interval between the crime of this case and the crime of this case, recognition of the crime of this case, the fact that there is no past record of fine exceeding fine, and the defendant's age, character and behavior, environment, circumstances of the crime, etc., all of the sentencing conditions shown in the arguments of this case shall be determined as per the order.