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

On July 20, 2016, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court due to a violation of the Road Traffic Act.

Nevertheless, at around 07:15 on August 15, 2019, the Defendant, while under the influence of alcohol of 0.132%, driven DK3 vehicle at a section of approximately 7.5 km from the insular area below the Bupyeong-gu Incheon Bupyeong-gu to C next to the C in Seo-gu Incheon, Seo-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, and investigation report (report on the state of drinking drivers);

1. Application of Acts and subordinate statutes to criminal records, repeated statements, and copies of summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Determination of the same sentence as the order shall be made, taking into consideration all the kinds of sentencing conditions shown in the pleadings of the instant case, such as the reason for sentencing under Article 62-2 of the Criminal Act, circumstances of drinking alcohol driving, the measurement of drinking alcohol, the previous conviction of a fine for drunk driving, the risk of recidivism, and reflectivity;

It is so decided as per Disposition for the above reasons.