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

[criminal power] On December 31, 2010, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 3 million by a fine at the Seoul Northern District Court on November 9, 2016, respectively.

【Criminal Facts】

On April 7, 2020, at around 04:08, the Defendant driven an FTS125 EFI vehicle under the influence of alcohol concentration of about 0.18% from the 200-meter section of alcohol alcohol level to the front roads of E in the same Gu from the front roads in the Gyeonggi-gu Seoul Metropolitan City, Mangsan-gu, Gyeonggi-do.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and response to the request for appraisal; and

1. A previous conviction in judgment: An inquiry report, an investigation report (verification of the same record as a suspect), and application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is a case where the defendant re-driving a motor vehicle, despite the fact that the defendant had been punished for drunk driving, and the defendant's liability for the crime

However, considering the circumstances favorable to the defendant, such as the fact that the defendant stated that he/she is against the charge, the fact that there is no record of crime exceeding the fine, and the fact that there are families to support multi-child, etc., the punishment as ordered shall be determined by taking into account the defendant's age, family relationship, character and conduct, means and consequence of the crime, circumstances after the crime, etc.