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

1. On November 6, 2013, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on September 12, 2014, a summary order of KRW 1.5 million was issued in the same court as the same crime.

2. On September 19, 2020, the Defendant driven a E-car under the influence of alcohol by 0.122% from a section of approximately 1 km alcohol level from the floor of a 1km to the road of the same Gu D apartment, near the C elementary bridge located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

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

Summary of Evidence

1. Report on the legal statement of the accused's driver, circumstantial statement, and notification of the result of the drinking driving control;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures: The Defendant, even though he/she was punished by a fine twice after he/she committed the same crime, is driving in the state of drinking alcohol level of 0.122% higher in the state of drinking alcohol level, the social harm of drinking driving and the purpose of strengthening the relevant penal provision, etc. are not less complicated than the liability.

A favorable circumstances: The defendant recognizes a crime.

The occurrence of a traffic accident has not occurred.

There shall be no electricity exceeding a fine.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.