Defendant shall be punished by imprisonment for a term of one year and six months.

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 October 31, 2019, the Defendant filed a summary order with the Suwon District Court on December 4, 2019 due to a crime of violation of the Road Traffic Act (driving) that he/she driven under the influence of alcohol. On March 6, 2020, the Defendant was issued a summary order of KRW 7 million by the said court.

Although the Defendant violated the prohibition of drinking driving, on December 12, 2019, at around 05:03, the Defendant driven a e-Mable vehicle with a blood alcohol concentration of at least 0.154% from the section of approximately 2 km from the road near the C cafeteria located in the Gangnam-gu Seoul Metropolitan City, Yannam-gu, Incheon Metropolitan City to the Down-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on the inspection of occurrence of the case, a photograph, a copy of the ledger using a drinking measuring instrument at the time of crackdown, the notification of the results of the crackdown on drinking driving, and

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 of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

The Defendant does not seem to have been exposed for two months after drunk driving, and even when committing the instant crime, the Defendant shows an attitude to see the law, such as committing the instant crime.

The blood alcohol concentration measured is considerably high.

However, the defendant recognizes his mistake and is against his will.

There are no criminal records other than those of the above drunk driving.

There was no accident.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.