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 July 31, 2018, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch.

On April 30, 2020, at around 04:40, the Defendant driven a cnish-do car under the influence of alcohol level of 0.088% from a place where it is impossible to identify a place below the Incheon Metropolitan City, Metropolitan City, Sincheon-si to the front road.

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

Summary of Evidence

1. For the accused's legal statement, his/her circumstantial statement, his/her circumstantial statement, and his/her previous convictions based on the results of the control of drinking and driving: Application of Acts and subordinate statutes governing the summary order, No. 2018 high-level 4520, supra;

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. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The reason for sentencing is that the defendant was punished as a driving act in the state of 0.211% around 2018, but has a high possibility of criticism by repeating it for two years.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.

The current Road Traffic Act has greatly strengthened the control standards and statutory punishment due to the social request to eradicate the harm of drinking driving.

Furthermore, the defendant had shocked the news block due to the main driving at the time, and there was a concern that a large number of accidents of human life has occurred.

However, under favorable circumstances, the defendant's age, occupation, family relationship, personality and conduct, environment, and the crime of this case shall be considered as favorable circumstances, such as the fact that the defendant recognized the crime and specifically expresses his intention not to repeat the crime.