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 November 12, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 1.5 million for the same crime at the Incheon District Court on January 16, 2015, respectively.

【Criminal Facts】

On June 27, 2019, the Defendant was under the influence of alcohol of 0.102% in blood alcohol concentration on June 27, 2019, and was driving D-wing and freight cars from the front of the C cafeteria located in Gangseo-gu Seoul Metropolitan Government to the 861-ro, Seocheon-si, Seocheon-ro, Busan.

Accordingly, although the defendant had been punished more than twice as a crime of violation of the Road Traffic Act, he was driving a vehicle under the influence of re-driving despite the fact that he had been punished.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (attached to summary orders related to the same kind of power of a suspect);

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 Act, etc. Act, where the defendant had been sentenced to a summary order for drinking driving on two occasions, the defendant was again sentenced to driving under the influence of alcohol again, and the distance of driving the defendant is not short and the blood alcohol level is not lower, and the factors for favorable sentencing, such as the defendant’s mistake, which are favorable factors for sentencing, such as the defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and the circumstances that are conditions for sentencing specified in the arguments of this case, such as the circumstances after the crime, were taken into account.