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 February 17, 2017, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for a crime of violation of the Road Traffic Act, and on October 23, 2017, the above court issued a summary order of KRW 5 million by a fine for a crime of violation of the Road Traffic Act.

On August 4, 2019, at around 08:50, the Defendant driven a DMW car in the state of alcohol alcohol concentration of 0.093%, from a place where the Defendant was unable to know less than 08:50 on August 4, 2019 to a neighboring street located in Yangcheon-gu Seoul Metropolitan Government.

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 the crackdown on drinking driving and investigation report (applicable with the mark);

1. Previous records of judgment: Application of criminal records, a copy of summary order, etc.;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, who had been punished twice for the same kind of offense, has been subject to criticism.

However, it shall be considered as a favorable factor that disposes of the vehicle that has been driven and does not drive again, and the degree of other drinking, time of driving, age and character of the defendant, character and environment, etc. shall be determined like the order by considering the various sentencing factors in Article 51 of the Criminal Act as shown in the records of this case.