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

On April 17, 2007, the Defendant was issued a summary order of fine of three million won by the Incheon District Court for the crime of violation of the Road Traffic Act, and on May 9, 2016, the Incheon District Court issued a summary order of fine of two million won by the crime of violation of the Road Traffic Act.

On November 28, 2019, at around 22:02, the Defendant driven a 1km section from the street in the vicinity of Bupyeong-gu Incheon Bupyeong-gu, Bupyeong-gu, Incheon to the front of the C elementary school located in Bupyeong-gu, Incheon to the end of the Incheon Bupyeong-gu, while under the influence of alcohol level of 0.130%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a copy of criminal records and summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant, even though having been punished twice for the same kind of offense, is subject to criticism.

However, it shall be considered as a favorable factor that the driving distance is not relatively long, and the degree of external exploitation, the age, character and conduct, and environment of the defendant and the various sentencing conditions in Article 51 of the Criminal Act, which are shown in the records of this case, shall be determined as per the order.