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 October 31, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court, and on September 14, 2012, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act was issued, respectively.

【Criminal Facts】

On October 3, 2019, at around 04:44, the Defendant driven a DNA car with a blood alcohol concentration of about 0.112% while under the influence of alcohol in the section of about 300 meters in front of the parking lot for the Nam-gu Incheon Metropolitan City B apartment house.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the circumstances of the state of the State transportation agency and the party involved;

1. Requests for a state to make a water appraisal and the results thereof;

1. Investigation report (verification related to requests for appraisal of blood alcohol concentration);

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the social harm of the driving under the influence of alcohol and the purpose of amending the Road Traffic Act, it is necessary to strictly punish an order to attend school in accordance with Article 62-2 of the Criminal Act.

The Defendant, even if he was already punished twice due to drunk driving, did not change the degree of drinking alcohol that was measured to the instant crime. Therefore, the Defendant is selected to be sentenced to imprisonment, and the Defendant is not subject to punishment beyond the fine, and considering favorable circumstances, such as the fact that the Defendant has no record of punishment exceeding the fine, and reflects the mistake, and taking into account all other circumstances that appear in the records and arguments, such as the Defendant’s age, character and conduct, environment, background of the crime, driving distance, and circumstances after the crime, etc.