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 April 27, 2001, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Suwon District Court’s Ansan Branch on July 15, 201 to a fine of KRW 1.5 million for the same crime.

【Criminal Facts】 On August 31, 2019, at around 00:26, the Defendant driven a car with Dbenz CS250 while under the influence of alcohol level 0.147% while under the influence of alcohol level 0.147% even during the suspension period of driver’s license in the section of approximately 1km of the same Gu in front of the Dong-gu Incheon Metropolitan City B.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the regulation of drinking driving;

1. Automobile license ledger;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (No. 17 times in the order of evidence), and application of Acts and subordinate statutes of each summary order;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's age and behavior environment, motive means of crime, result of crime, circumstances after crime, etc., including the numerical value of blood alcohol concentration as stated in the judgment of sentencing in Article 62-2 of the Criminal Act, the scope of drinking alcohol level, the circumstances leading to drinking driving, etc. shall be determined as ordered by taking comprehensive account of all the arguments of this case and the sentencing conditions shown in the records.