1. The defendant shall be punished by imprisonment for one year;

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

3.

Punishment of the crime

[Criminal Power] On March 17, 2015, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 21, 2020, at around 04:00, the Defendant violated the prohibition of drinking driving by driving a motor vehicle under the influence of alcohol level of about 0.081% while under the influence of alcohol level of about 1km at approximately 0.081% in the vicinity of C Association in Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Notification of the defendant's legal statement, the actual condition survey report, the scene photograph of the accident, the report on the actual condition of the driver, and the result of the drinking driving control;

1. Previous convictions indicated in judgment: Criminal history records, inquiry report (Attachment of a summary order against the history of sound driving), relevant case list, application of Acts and subordinate statutes of the summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, even though the defendant was punished as a crime of violation of the Road Traffic Act in 2015 (hereinafter referred to as a fine), since he/she committed the same crime at once, his/her responsibility cannot be deemed to be less than that of the defendant.

(A) The defendant was found to have been under the influence of alcohol by a police officer after he was sent to the road structure: Provided, That the same sentence as the order shall be determined by comprehensively taking into account the following factors: (a) the defendant's character and behavior, age, motive and background of the crime; (b) the circumstances after the crime; (c) the degree of blood alcohol concentration; and (d) the interval between the previous drinking driving and the previous driving.

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