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

[criminal power] On November 4, 2019, the Defendant was issued a summary order of a fine of two million won for the crime of violating the Road Traffic Act (driving) in the Cheongju Island Support.

【Criminal Facts】

On July 13, 2020, at around 19:06, the Defendant driven a F string vehicle with a blood alcohol concentration of about 0.124% under the influence of alcohol in the 3km section from the front of the B apartment Cdong to the front of the E-ray located in Incheon City.

Accordingly, the defendant violated the prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement, report on the circumstances of the driver's oral statement, and notice of the result of crackdown on drinking driving;

1. Reporting on the occurrence of a traffic accident as a result of regulating drinking driving, and reporting on a traffic accident at the scene of the accident;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes of 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. 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.

The defendant has been punished as a fine for the same crime even in November 2019.

The favorable circumstances: At the time of crime and the mistake are divided.

There is no record of criminal punishment other than a fine imposed once by fine.