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 September 20, 201, the Defendant issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine in the same court on December 27, 2012, from the Incheon District Court’s Branch Branch.

On July 29, 2019, at around 02:05, the Defendant driven a motor vehicle B at the distance of about 30 km at approximately 117.7 km from the roads near Seocheon-si, Seocheon-si, Seoul, to the point of 117.7 km from the roads near Seocheon-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of driving under the influence of alcohol and a record of measurement of drinking;

1. Previous convictions: Application of Acts and subordinate statutes attached to criminal records and identical summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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 Code of the community service order, even though the defendant had been punished several times for drunk driving, again, the drinking driving of this case was conducted again, and the blood alcohol concentration and driving distance are reasonable.

However, in the last 20 years or more, there is no previous conviction exceeding the fine, and the circumstances favorable to the fact that the accident has not occurred shall be considered.

In addition, the punishment as ordered shall be determined in consideration of the age, character and conduct, career, environment, background and result of the crime, the circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.