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

[2] On June 22, 2007, the Defendant received a summary order of KRW 2 million from the Suwon Friwon to a fine of KRW 1,00,00,000 for the same crime due to a crime of violation of the Road Traffic Act (driving alcohol) at the Incheon District Court, and from May 11, 2016, the Defendant received a summary order of KRW 5 million for the same crime.

[Criminal facts] On October 30, 2020, the Defendant driven D SP car under the influence of alcohol content of about 0.059% in blood from around 50 meters to the front road of the same city, from around 00:21, Seocheon-si, B, to the front road of the same city.

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

Summary of Evidence

1. Report on the circumstances of the driver who is placed in the police interrogation protocol on the accused's statutory statement, report on the state of his driving, notification on the results of regulating the driving of drinking, and report on the driver's license register of the motor vehicle which is inquired of the results of regulating the driving of drinking, and a report on the investigation of the vehicle into the next inquiry

1. Previous convictions: Inquiry about criminal history, investigation reports (verification of the history of drinking driving), and application of each summary order statutes;

1. Relevant legal provisions, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, was sentenced to a fine of KRW 1.5 million due to driving under influence of alcohol in May 2006, a fine of KRW 2 million due to the same crime in June 2007 and driving without a license in June 200, and a fine of KRW 5 million due to driving under influence of alcohol in 2016, and again committed the instant crime of driving under influence of alcohol in 201, and thus, the risk of recidivism is high.

In consideration of these points, punishment shall be imposed by imprisonment.

However, in order to make a suspended sentence and to prevent recidivism in consideration of the fact that the defendant both led to the crime of this case and is against the law, and that there is no criminal punishment exceeding the fine, and that the amount of alcohol is not very high at the time of the crime of this case.