A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On September 21, 2012, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 8, 2020, at around 00:25, the Defendant driven a Bsch Rexton car from the front of the water delivery station in Michuhol-gu Incheon Metropolitan City, to the front road of the 1km-ro 305-ro 17 neighborhood facilities in the same Gu, while under the influence of alcohol content of about 0.142% from the 1km-ro 305-ro 17 neighborhood facilities.

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. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal records, investigation reports (report on the same type A of criminal records of a suspect);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The sentence as ordered shall be determined in consideration of the degree of the reason for sentencing under Article 62-2 of the Criminal Act, the time distance from the past drinking driving force, and the sentencing conditions under Article 51 of the Criminal Act.