A defendant shall be punished by imprisonment for two years.

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

The previous records of June 1, 2006 shall be deleted.

On December 23, 2015, the Defendant was issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of road traffic law, and KRW 4 million as a fine in the same court on October 21, 2016, respectively, for the same crime at the same court.

Criminal facts

On August 7, 2020, the Defendant driven a c motor vehicle under the influence of alcohol 0.158% from a section of approximately 350 meters to a 350-meter radius from the trade influent restaurant road in the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon to the front road in the Seo-gu, Seo-gu, Seo-gu.

Accordingly, the Defendant violated the prohibition clause of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection of crackdown on the driving of drinking, report on the situation of the driver of drinking, investigation report on the ledger of use of the measuring instrument for drinking alcohol (verification of previous records), and application of the Acts and subordinate statutes in Part III of the summary order; and

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons for sentencing under Article 62-2 of the Criminal Act: The driving of drinking alcohol is highly likely to cause harm to another person's life and body; the amount of alcohol concentration in measured blood is considerably high by 0.158%; the Defendant committed the instant crime even though three times a fine was imposed due to drinking even in the past; the Defendant recognized the instant crime; the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the instant crime, circumstances after the crime, and other various sentencing conditions shown in the trial process shall be determined as per the disposition.