The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 16, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch.

On October 11, 2019, the Defendant driven an EM3 car from around 500 meters to Kimpo-si D while under the influence of alcohol with a blood alcohol concentration of 0.057% 0.057%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

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

1. A copy of the investigation report and the summary order attached thereto;

1. Application of Acts and subordinate statutes to inquiries about criminal records and investigation records;

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The value of an order to attend the course of sentencing under Article 62-2 of the Criminal Act, the frequency of the records of punishment for the same kind of crime shall be determined as the order, taking into consideration all the sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of the crime and circumstances after the crime, etc.