A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 9, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court, and KRW 3.5 million for a fine of KRW 3.5 million for the same crime in the Jungyang Branch of the Jung-gu District Court on December 29, 2015.

On January 5, 2020, at around 02:13, the Defendant driven a DNA car in the state of alcohol with approximately 400 meters alcohol concentration of about 0.147% from the front road located in Bupyeong-gu Incheon Metropolitan City to the front road of the same Gu C.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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 reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc., even though the defendant had a record of criminal punishment several times due to the violation of the Road Traffic Act in the past, he/she committed the same kind of crime as stated in its reasoning.

The defendant's responsibility is heavy in light of the fact that the defendant's blood alcohol concentration at the time of driving is not low and that the accident occurred in the course of drunk driving.

However, the defendant recognized the crime of this case and is against the law.

Defendant has no record of criminal punishment exceeding a fine.

In addition, in full view of the various sentencing conditions in this case, such as the age, character and conduct, motive and attitude of the defendant, and circumstances after the crime, the punishment shall be determined as ordered.