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 March 6, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Northern District Court, and a summary order of KRW 1 million for the same crime at the same court on March 16, 2010, respectively.

【Criminal Facts” around July 20, 2019.21:20, the Defendant driven a Fystren vehicle under the influence of alcohol concentration of approximately 0.202% from the 5km section to the entrance of the E located in the same Gu, “C” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

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. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of each summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. From one year to two years and six months of imprisonment with prison labor within the applicable sentencing range by law; and

2. The sentencing guidelines are not set according to the sentencing guidelines. 3. The sentencing guidelines are not set. The defendant's attitude to recognize and reflect the crime of this case, the defendant does not have any previous conviction except the previous conviction in the judgment of the court, and the defendant's age and behavior environment including the blood alcohol level in the judgment, the motive of the crime, the result of the motive of the crime, and the circumstances after the crime, etc. shall be comprehensively taken into account.