1. The defendant shall be punished by imprisonment for one year;

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

3.

Punishment of the crime

[criminal power] On May 14, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s subsidiary branch on May 14, 2009, and a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) from the Incheon District Court’s subsidiary branch on April 7, 2017.

【Criminal Facts】

On November 9, 2019, the Defendant was under the influence of alcohol of 0.141% of blood alcohol concentration from the Seo-gu Incheon apartment parking lot to the front of Incheon Seo-gu, Seo-gu, 1 kilometer car from around 1 kilometer to about 0.141%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (Attachment to a summary order);

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was sentenced to a fine for the violation of the Road Traffic Act in 2009 and 2017, the defendant committed the same crime at once, and therefore, he was responsible for the same crime.

However, the sentencing conditions such as the character and conduct, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration level, the distance of drunk driving, the distance of time between the crime of this case and the distance between the crime of drinking alcohol driving and the crime of this case, which can be known through pleadings and arguments, shall be comprehensively taken into account.

It is so decided as per Disposition for the above reasons.