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

[Criminal Power] On March 7, 2014, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 7, 2020, at around 01:02, the Defendant driven a DNA car from approximately 1.5 km to the roads of the C. C. medical hospital located in B in the same city, from the front of the Sinung-dong (S.) in the state of drinking alcohol concentration of 0.075%.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the results of the crackdown on drinking driving, and the details of drinking output;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of criminal records, repeated statements, a copy of summary order, to one statute;

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. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the fact that the defendant recognized the offense and reflects the wrongness; and (b) the criminal records of the defendant, blood alcohol concentration level, driving distance, and time interval between the crime of drinking alcohol and the crime of drinking alcohol driving in the instant case; and (c) the sentencing conditions specified in the records and arguments shall be comprehensively taken into account.