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 July 20, 2007, the Defendant received a summary order of KRW 700,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act. On August 10, 2015, the Incheon District Court received a summary order of KRW 2 million as a fine of KRW 2 million as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 16, 2019, at around 23:35, the Defendant driven a FM6 vehicle under the influence of alcohol content of about 0.120% from a 400-meter section from the front of the road located in Nam-gu Incheon Metropolitan City B to the front of the road located in the same Gu D.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal history records, investigation reports (former records and confirmation), and application of Acts and subordinate statutes of a summary order;

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

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, where the Defendant had been issued a summary order on two occasions, were determined by considering the following factors: (a) disadvantageous sentencing factors such as the Defendant’s drinking driving; (b) the blood alcohol level at the time of driving is difficult to be deemed to be low; (c) the Defendant’s mistake is against himself/herself; and (d) favorable sentencing factors such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime; and (b) other favorable sentencing factors such as the Defendant’s age, character and behavior, family relationship, motive and consequence of the crime, etc.