A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] The defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in Ansan Branch of the Suwon District Court on September 15, 2006, and was sentenced to a summary order of KRW 2 million for the same crime in the same court on June 8, 2007. On November 14, 2007, the defendant was sentenced to a summary order of KRW 5 million for the same crime at the Seoul Southern District Court on January 14, 2007, and was sentenced to a summary order of KRW 5 million for a fine of KRW 5 million for the same crime. On January 14, 2010, the defendant was sentenced to a suspended sentence of 8 months for the same crime at the Jungju District Court on May 24, 2012.

【Criminal Facts】

On April 3, 2020, the Defendant driven an EM6 passenger vehicle under the influence of alcohol of about 0.098% with blood alcohol concentration in the section of approximately 500 meters from the front of the B apartment incheon-si to the front of the D incheon-si, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Control note;

1. Previous records: Application of criminal records, inquiry reports and investigation status (the same and multiple criminal records of the accused)-related Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the order to attend a lecture and the order to provide community service order shall be determined by taking into account the following circumstances: (a) the Defendant’s age, character and conduct, family environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments

Unfavorable circumstances: The defendant committed the crime of this case, even though he had been punished several times, including imprisonment for the same kind of crime, and again committed the crime of this case.

The favorable circumstances: At the time of crime and the mistake are divided.

The same crime has been committed for the last eight years.