A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On April 8, 2008, the Defendant issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Incheon District Court's Busan District Court's Branch Branch, and a summary order of KRW 3 million for the same crime in the same court on January 12, 2016, respectively.

On September 20, 2020, around 01:47, the Defendant driven a Frocketing car under the influence of alcohol concentration of 0.156% from around 300 meters from the C public parking lot in Gyeyang-gu Incheon Metropolitan City to the E parking lot in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of a drinking driver) and inquiry into the results of the control of drinking driving;

1. Previous records before ruling: Application of criminal records, investigation reports, and criminal records under Acts and subordinate statutes;

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. The sentencing of Article 62-2 of the Criminal Act is highly reasonable, and the trial distance with the previous drinking driving force remains four years, but the third drinking driving is recognized, the crime is recognized, the support of the family, including the vins, and the failure to repeat the crime is determined as ordered by considering the sentencing conditions under Article 51 of the Criminal Act, such as the fact that the sentencing conditions under Article 51 of the Criminal Act are applied.