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

[criminal power] On March 26, 2008, the defendant was issued a summary order of KRW 2 million by the Incheon District Court due to a violation of the Road Traffic Act, etc. and a fine of KRW 3 million by the same court on February 18, 2012.

【Criminal Facts】

On June 25, 2020, at around 23:55, the Defendant driven a D-3 car under the influence of alcohol concentration of 0.073% in five meters prior to the “C” road located in Michuhol-gu Incheon, Michuhol-gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and notification of the result of crackdown on drinking driving;

1. The application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the suspect's same kind of power;

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 53 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: The defendant was punished twice due to drunk driving, but he was driving again, and was in contact with him.

Excellent circumstances: The same type of criminal power shall be before eight years, and the distance of driving shall be shorter.