Defendant shall be punished by imprisonment for a term of one year and six months.

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 May 16, 2018, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court.

On August 31, 2019, at around 08:55, the Defendant driven an E-5 vehicle while under the influence of alcohol 0.205% of alcohol concentration at approximately 100 meters from D University, located in the front of the Seo-gu B Apartment, Seo-gu, Seoul, to the four-distance road in front of the D University.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver) and report on the circumstances of an immigration driver;

1. Application of replys to criminal records, etc., reports on criminal records, previous convictions, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., conditions of sentencing favorable to reasons for discretionary mitigation of punishment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and order to attend a lecture is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents, and even in order to prevent such crimes, the defendant is bound to bear strict responsibility for the acts related thereto. The defendant also causes an accident that meets the structure installed in India by lowering the crime of drinking-driving in this case, even though he was punished by a fine due to the previous drinking driving, such as the crime recorded in the judgment, and the defendant also causes an accident that meets the structure installed in India. On the other hand, the defendant confessions and reflects the crime of this case, the defendant has no criminal history except the above fine due to drinking-driving, and the records and arguments such as the numerical value of blood alcohol concentration in this case are taken into account.