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 November 21, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for a violation of the Road Traffic Act (driving), and on November 9, 201, the Defendant was issued a summary order of KRW 3 million by the same court due to a violation of the Road Traffic Act (driving) and on November 9, 201, five times the record of driving under the influence of alcohol.

【Criminal Facts】

On March 28, 2020, at around 23:57, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of about 0.255% from the 1km section from the roads near Seo-gu Incheon Metropolitan Government Office to the roads in front of the C Elementary School located in the same Gu B from the roads in the same Gu.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act, which is a provision prohibiting drunk driving, not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver (Evidence Nos. 20), and the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type 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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though having been punished several times for the same kind of crime, re-driving a motor vehicle, and the measured blood alcohol concentration is considerably high.

However, the records of the same kind of crime have been nine years prior to the date of the crime, and the fact that the person does not drive under the influence of alcohol again shall be considered as a favorable factor, and other sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case, such as the age, character and conduct of the defendant and environment, shall be