A defendant shall be punished by imprisonment for two years.

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 December 10, 2014, the Defendant was sentenced to a fine of KRW 10 million by the Incheon District Court for a violation of the Road Traffic Act (driving) at the same court on September 5, 2013 and a fine of KRW 4 million by the same court on March 19, 2010 for a violation of the Road Traffic Act (driving). In the same court on February 9, 2010, the Defendant was sentenced to a fine of KRW 3 million by the same court on October 1, 200, a fine of KRW 1.5 million by the same court on April 10, 200, and a fine of KRW 1 million by the same court on April 10, 2008 (driving) as a violation of the Road Traffic Act (driving).

At around 09:50 on August 24, 2020, the Defendant driven an EMW car with approximately 6 kilometers from Yeonsu-gu Incheon Metropolitan City B to the front of the Incheon Nam-gu D with a blood alcohol concentration of 0.139% under the influence of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to check and report criminal records, investigation records, and criminal records, etc.;

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. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined in consideration of the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and other various sentencing conditions shown in the arguments of this case.

Unfavorable circumstances: The defendant was punished for driving under the influence of alcohol six times, and one of them was under the suspension of execution, and the defendant was under the influence of driving under the influence of alcohol again.

It is also a high level of blood alcohol concentration measured.

The most favorable circumstances: The most recent criminal records are not less than six years, and there is no record of the crime to be peculiar in addition to the above crimes.