A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 1, 2009, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court's Branch Branch of Incheon District Court due to a crime of violation of the Road Traffic Act (driving) and a fine of KRW 4 million due to a violation of the Road Traffic Act (driving on December 24, 2015).

【Criminal Facts】

On January 18, 2020, at around 05:00, the Defendant driven C benz car while under the influence of alcohol concentration of 0.289% on the front of Michuhol-gu Incheon, Michuhol-gu.

Summary of Evidence

1. The defendant's legal statement and the defendant's circumstantial statement;

1. Investigation report (report on the circumstances of a drinking driver), notification on the results of crackdown on drinking driving (blood collection result), and an appraisal report on blood alcohol;

1. Previous records: Application of inquiry reports on criminal records, etc. and Acts and subordinate statutes to criminal records, etc. (A) and investigation reports (Attachment to suspect-related cases);

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. Although the Defendant had been punished for the drunk driving under Article 62-2 of the Social Service Order Criminal Act two times, he again committed the instant crime of drinking alcohol again, and the blood alcohol concentration at the time of committing the crime is very high.

Provided, That the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment exceeding the fine, the circumstances of the crime, the circumstances after the crime, etc.