A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On July 14, 2010, the Defendant was issued a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1,00,000,000 as a crime of violating the Road Traffic Act (drinking) at the Incheon District Court’s Branch Branch on March 12, 2015, and a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking).

【Criminal fact-finding on November 11, 2020, the Defendant driven C cargo vehicles under the influence of alcohol with approximately 0.151% alcohol concentration in blood 0.151% from the distance of approximately 6km to the underground parking lot of the Incheon Bupyeong-gu apartment complex located in the Nam-gu Incheon Metropolitan City, Nam-gu.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, attachment of alcohol driving force, and application of Acts and subordinate statutes of Part II of the summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant, who is disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he/she was punished by around 2010 and around 2015.

The number of alcohol concentration among the blood of the defendant is very high.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no record of punishment except for those subject to punishment as stated in the criminal records of the defendant's judgment.

In addition, in consideration of the age, sex and environment of the defendant, motive, means and result of the crime, the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.