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 April 8, 2016, the Defendant issued a summary order of KRW 1.5 million at the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 20, 2018, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】 On July 4, 2020, at around 22:37, the Defendant driven a motor vehicle under the influence of alcohol with a blood alcohol concentration of about 0.167% at a section of about 100 meters from the front of the Yeonsu-gu Incheon Metropolitan City B building to the front of the D agency located in C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of a inquiry inquiry report, such as criminal records, and Acts and subordinate statutes concerning investigation status;

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. The Defendant, who is disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, was punished by a fine for driving under the influence of alcohol in around 2016 and around 2018, but again committed the instant crime of drinking alcohol.

The defendant's blood alcohol concentration is very high.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no record of punishment except for those subject to punishment as stated in criminal records in the judgment of the accused.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.