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 December 11, 2006, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Gwangju District Court on July 1, 201, fines of KRW 1.5 million for the same crime at the Incheon District Court on July 1, 201, and KRW 5 million for the same crime at the same court on February 7, 2014.

【Criminal Facts】

On July 25, 2020, at around 04:38, the Defendant driven B-low-water vehicle under the influence of alcohol 0.081% in blood alcohol concentration from around the roads near the Yeonsu-gu Incheon Metropolitan City Mando Park, Yeonsu-gu, Incheon to about 2km-dong, Yeonsu-gu, Incheon.

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. Criminal records, inquiry reports, and application of summary order-related Acts and subordinate statutes;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as stated in the instant arguments.

Unfavorable circumstances: The defendant, even though he had a record of being punished four times due to drunk driving, was driving again.

A favorable circumstances: Disposal of a vehicle and prevention of recidivism are being conducted.

In addition to the above crimes, there is no power to commit the crime, and the most recently identical crime is not less than six years.