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

1. On January 20, 2015, the Defendant was issued a summary order of a fine of KRW 3 million at the Incheon District Court (a fine of KRW 3 million as a crime of drinking driving).

2. Around 00:04 on August 6, 2020, the Defendant driven a FK5 car at approximately 900 meters section from the restaurant near the Michuhol-gu Incheon Metropolitan City B market to the front road of the “Eju store” located in D, while under the influence of alcohol by 0.193% of blood alcohol concentration.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. The defendant's legal statement, notification of the result of crackdown on drinking driving, and the circumstantial statement of the drinking driver;

1. Previous record: Attachment of summary order of the same criminal record and application of criminal records-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures: When considering the fact that the Defendant was sentenced to a fine due to drunk driving, while driving in the state of drinking alcohol level of 0.193% high, the social harm of drunk driving, and the purpose of amending the Road Traffic Act, the liability for the crime is not easy.

A favorable circumstances: The defendant recognizes a crime.

The occurrence of a traffic accident has not occurred.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.