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

[criminal power] On February 2, 2006, the Defendant received a summary order of KRW 500,000 for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) from the Cheongju District Court, and on March 14, 2007, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving). On January 29, 2015, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving). On October 5, 2015, the Defendant received a summary order of KRW 6 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 22, 2019, around 20:55, the suspect driven C Spo-type car in a state of alcohol of about 2 km from the front road of the Incheon-si B apartment to the front road of the 264 Cheongcheon-si to the front road of the 264 Cheongcheon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. An accident site photograph;

1. Report on the circumstantial statements and investigation report of a host driver (report on the circumstantial statements of a host driver);

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

1. Bluckings and videos of vehicles;

1. Criminal records: Criminal records, inquiry reports, investigation reports (verification of four times before and after the driving of sound), and application of Acts and subordinate statutes of each summary order;

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. 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 extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered by considering the reasons for sentencing under Article 62-2 of the Criminal Act.

Unfavorable circumstances: The defendant extended four times between 2006 and 2015.