A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be postponed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 22, 2015, the Defendant was issued a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on September 10, 2015, by the Incheon District Court to a fine of KRW 5 million for a violation of the Road Traffic Act.

On February 5, 2020, at around 07:49, the Defendant driven a CMW 120d car while under the influence of alcohol concentration of 0.079% on the roads of approximately five meters in front of Michuhol-gu Incheon, Incheon, and a blood alcohol concentration of 0.079%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the state of drinking alcohol, the statement of the state of drinking alcohol, and report on the control of drinking alcohol;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports (a copy of the same summary order of a suspect), and 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. The punishment as ordered under Article 51 of the Criminal Act shall be determined by taking into consideration the following circumstances: (a) the degree of the reason for sentencing under Article 62-2 of the Criminal Act; (b) the time interval with the previous driving force; (c) the recovery of the previous drinking driving and the circumstances leading to the drinking driving;