A defendant shall be punished by imprisonment for a term of one year and two months.

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 November 13, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court’s Incheon Branch on November 13, 2014, and a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the same court on August 11, 2018.

【Criminal Facts】

On March 25, 2020, at around 15:40 on March 25, 2020, the Defendant driven D SM5 vehicles under the influence of alcohol content of about 4.4 km from the 4.4km section to the road near the wetlands park located in the Ganyang-gun, Chungcheongnamyang-gun, 651, to the road in front of C. in the Chungcheongnamyang-gun, Chungcheong-gun.

Therefore, even though the Defendant violated the prohibition on drinking under the Road Traffic Act more than twice, he again driven a motor vehicle under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a driving under the influence of alcohol and report on the results of crackdown on drinking driving;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a copy of a summary order of the same type power attached) and other 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. Articles 53 and 55 (1) 3 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 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 had been punished several times, and in particular, in 2014 and 2018, the Defendant again committed the instant crime even though he had been punished by the same kind of crime.

The blood alcohol concentration is high.

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

There is no history of punishment exceeding a fine due to the same kind of crime.