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 April 11, 2008, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court as a matter of violation of the Road Traffic Act.

On November 15, 2019, at around 16:32, the Defendant driven D vehicles with blood alcohol content of about 0.160% at the section of approximately 3 km-distance crossing from the front of the C Pharmacy located in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City to the west-gu, Yannam-gu, Incheon Metropolitan City, to the front road of the new horses-distance intersection.

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: Application of criminal records, inquiry reports and investigation reports (report attached to the same type of electric records) Acts and subordinate statutes;

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 punishment of this case shall be determined as per the order, considering the fact that the defendant for sentencing under Article 62-2 of the Criminal Act was punished by a fine for a violation of the Road Traffic Act, considering the fact that the blood alcohol concentration of this case is considerably high, and the fact that the defendant recognizes the crime, etc.