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 June 4, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 6, 2020, at around 20:52, the Defendant driven an Ecller’s car under the influence of alcohol concentration of about 0.184% from a 100-meter section before the Incheon Michuhol-gu Residents’ Living Facilities to the roads before the Incheon Michuhol-gu Residents’ Living Facilities.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drunk driving, report on the circumstance of a drinking driver, and investigation report (report on the circumstance of a drinking driver);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, even though the defendant had a record of punishment for drunk driving in the past, he/she again carried out drinking driving.

At the time of detection, the blood alcohol concentration is considerably high.

Provided, That the punishment as ordered shall be determined by comprehensively taking into account the fact that at least seven years have passed since the previous drinking driving was punished, and all other circumstances, such as the situation of drinking driving, driving distance, etc.