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 19, 2004, the Defendant issued, at the Incheon District Court, a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving). On February 8, 2010, the above court issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving). On June 7, 2016, the above court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On July 29, 2020, at around 21:30, the Defendant driven a Bknife vehicle with approximately 400 meters alcohol level of 0.172% under the influence of alcohol level from the road located in 17, 163-ro, Michuhol-gu, Incheon, Michuhol-gu, Incheon, to the road located in 63-ro, 63-ro, 37.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records before judgment: Criminal records, etc., inquiry inquiry reports, confirmation of the same kind of power, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment [Consideration of the contents and circumstances of the crime of this case, blood alcohol concentration, the criminal records of the defendant, etc.];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that a person drives a street not along which he/she has driven, or is going against his/her mistake and is going not to drive a drinking again);

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Order to attend lectures under Article 62-2 of the Criminal Act;