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

On April 29, 2008, the defendant has been punished twice for the same kind of crime, such as receiving a summary order of a fine of KRW 2.5 million for a violation of the Road Traffic Act (refluence of measurement) in the Cheongju District Court's support on April 29, 2008.

Nevertheless, at around 17:10 on March 7, 2020, the Defendant driven a DCo-sports motor vehicle while under the influence of alcohol content of about 0.097% from the 1km section from the front of the city in Incheon to the front of the city in Incheon City.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

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

1. Previous convictions indicated in judgment: Criminal history records, inquiry records, investigation records (verification on two occasions before and after sound driving), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

D. Unfavorable circumstances: The Defendant committed the crime of this case, even though he had the record of criminal punishment of fines twice due to the same kind of crime.

The favorable circumstances: the time of committing a crime and the mistake is divided.

There is no record of punishment heavier than the suspension of the execution of imprisonment with prison labor, and there is no record of crime during the last ten years.