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 June 24, 2014, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act at the Incheon District Court, and on May 24, 2017, the Defendant was sentenced to a suspended sentence of one year due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act in the same court on May 24, 2017.

On June 16, 2019, around 00:15, the Defendant driven an E 5 vehicle while under the influence of alcohol with approximately 800 meters alcohol concentration of about 0.119% from the road front of the C Station located in Michuhol-gu Incheon Metropolitan City, to the upper road of the beauty materials located in the same Gu D.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as management records, criminal records, etc., and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, 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 value of blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act, the distance and time of drunk driving, and the history of punishment for drunk driving again, resulting in considerable danger to the safety of the general public by driving in drinking condition, even though they had been punished for a drunk driving. After the last record of the crime in this case, the punishment shall be determined as ordered by taking into account all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, character and behavior, environment, circumstances, and circumstances after the last record of the crime in this case.