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 January 10, 2007, the Defendant was issued a summary order of KRW 1 million with a fine for a violation of the Road Traffic Act at the Incheon District Court, and a summary order of KRW 1.5 million with a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on December 20, 2007, respectively.

【Criminal Facts】 Around 23:30 on July 3, 2020, the Defendant driven D B or a car from approximately 100 meters away from the roads in the south-gu Incheon Metropolitan City B to the roads in front of the same Gu C, while under the influence of alcohol content of 0.072%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. A survey report on the actual condition, a report on the occurrence of a traffic accident, a report on the detection of a host driver, a field photograph of the accident, and a estimate;

1. Previous convictions in judgment: References to criminal records, investigation reports (criminal records of a suspect), and application of three copies of a summary order attached thereto;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Determination of sentence: A sentence of imprisonment for one year, which is favorable to two years of suspended sentence: A person shows his attitude to reflect the crime in this case.

The victims of traffic accidents have recovered from damage and agreed to smoothly.

The distance of drinking driving was relatively long.

Unfavorable circumstances: The instant crime was committed even before the instant crime had been committed despite the record of criminal punishment of fines of two times due to drinking driving.

At the time of detection, blood alcohol concentration was high.

The occurrence of a traffic accident was also caused by drinking driving.

These circumstances and the same.