A defendant shall be punished by imprisonment for not less than eight months.

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 December 26, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Branch Branch on December 26, 2008, and KRW 2,00,000 as a fine for the same crime from the Jungyang Branch Branch on October 13, 2010. On November 16, 2016, the Defendant was sentenced to a fine of KRW 7,00,000 as a fine for the same crime.

【Criminal Facts】

On April 16, 2019, at around 23:35, the Defendant driven a vehicle of approximately 20 meters at the 20m section in Kimpo-si Ba, while under the influence of alcohol 0.122% of blood alcohol level.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. CCTV video CDs;

1. Previous convictions in judgment: Application of investigation reports (Attachment to the same type of judgment) and copies of the judgment, crimes and investigation records records by Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is an offense in which the life of a person who is not only his/her own but also another person can be taken, and the criminal defendant committed the instant crime even though he/she had been punished three times due to the same criminal act, etc., which is disadvantageous to the defendant.

However, considering the fact that the defendant recognized the crime of this case, there is no same punishment power as the defendant exceeds the fine, and the fact that the defendant was driving only at a relatively short distance in the parking lot, the age of the defendant and others.