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 August 3, 2018, the Defendant was notified of a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 21, 2020, at around 07:25, the Defendant, despite the foregoing, once again driven a F rocketing car with a blood alcohol concentration of at least 0.089% at a distance of about 2 km from the front day of the Dancheon-si B to the front day of the E department store located in D of the same city, and violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, a report on the circumstances of drinking drivers, and field photographs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment to a summary order, etc. related to driving under the influence of a suspect), list of relevant cases, application of summary order-related Acts and subordinate statutes;

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 punished as a crime of violation of the Road Traffic Act in around 2018 (hereinafter referred to as a fine), since he/she committed the same crime at once, he/she cannot be deemed to be less liable.

However, the sentencing conditions, such as character, age, motive and background of the defendant, circumstances after the crime, blood alcohol concentration, and interval between the previous drinking driving, etc., are comprehensively considered.

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