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 26, 2008, the defendant was issued a summary order of KRW 2 million by the Incheon District Court due to a violation of the Road Traffic Act, etc. and a fine of KRW 3 million by the same court on February 18, 2012.

【Criminal Facts】

On June 25, 2020, at around 23:55, the Defendant driven a D-3 car under the influence of alcohol concentration of 0.073% in five meters prior to the “C” road located in Michuhol-gu Incheon, Michuhol-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and notification of the result of crackdown on drinking driving;

1. The application of Acts and subordinate statutes attaching criminal records, reply reports, and summary orders of the suspect's same kind of power;

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. Article 53 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 punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: The defendant was punished twice due to drunk driving, but he was driving again, and was in contact with him.

Excellent circumstances: The same type of criminal power shall be before eight years, and the distance of driving shall be shorter.