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 June 11, 2007, the Defendant was issued a summary order of KRW 1 million from the Incheon District Court to a fine of KRW 1 million for a violation of the Road Traffic Act, and on September 5, 2014 from the Incheon District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Busan District Court’s Branch Order of KRW 4 million for a violation of the Road Traffic Act.

【Criminal Facts】

On October 2, 2019, at around 21:35, the Defendant driven an Esch Rexton car with approximately 10 meters of alcohol concentration 0.257% while under the influence of alcohol concentration from the street in front of the Seocho-gu Incheon Metropolitan City B apartment, to the front distance of D kindergarten in the same Gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a field photograph, a report on the actual state of a drinking driver, a notice of the results of the drinking driving control, a briefing report on the request for appraisal, and a report on the results

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same attached power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant is recognized to commit the crime, the degree of drinking alcohol and driving distance, criminal record (which has no record of being punished in excess of the previous two times and has no record of being sentenced to a fine) and other circumstances shown in the arguments of this case, including the defendant's age, character and conduct, family relation, environment, circumstances and result of the crime, and the circumstances after the crime, etc., shall be determined as per the disposition, comprehensively taking into account