A defendant shall be punished by imprisonment for a term of one year and two months.

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 October 15, 2008, the Defendant received a summary order of KRW 700,000 for a fine of KRW 5,500,000 for a violation of the Road Traffic Act (driving) from the Cheongju District Court Support on October 15, 2008. On July 6, 2012, the Defendant received a summary order of KRW 5,50,000 for a fine of KRW 5,00 for a violation of the Road Traffic Act (recing to take measurements of drinking) in the same court. On October 30, 2015, the Defendant received a summary order of KRW 5,00

On June 14, 2020, at around 23:05, the Defendant driven an Epoter cargo vehicle with a blood alcohol concentration of about 0.13% from the 2km section to the front road of the D apartment in Ycheon-si, Incheon Metropolitan City, in a state of under the influence of alcohol content of about 0.13%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

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

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes concerning investigation status (the same criminal records and confirmation of the accused);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments

Unfavorable circumstances: the Defendant had been punished for the same kind of crime in 2008, 2012, and 2015, and has been punished several times for other crimes.

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

There shall be no history of criminal punishment exceeding fines for the same kind of crime.