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 September 28, 2010, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on September 28, 2010; on January 25, 2016, at the Incheon District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving). On March 30, 2019, the Defendant was under the control of a violation of the Road Traffic Act (driving) around March 22 and 36, 201, and this Court was sentenced to imprisonment of one year on June 19, 202, and is currently under the trial at the appellate court.

(2020No2492). Although the Defendant had been punished for drunk driving twice or more as above, the Defendant driven a DNA-type car under the influence of alcohol concentration of 0.218% in an influent section from Apr. 1, 2019 to Apr. 23:29, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records before judgment: Application of inquiry reports and investigation reports (verification of the same kind of power and attachment of summary orders), including criminal records, etc.;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the choice of imprisonment [Consideration consideration of the details and details of the instant crime, degree of blood alcohol level, Defendant’s criminal records, etc.];

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Article 62 (1) that there is no previous conviction exceeding a fine for the same crime); and

1. Order to attend lectures under Article 62-2 of the Criminal Act;