A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 27, 2014, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court Branch on January 27, 2014.

On November 6, 2020, around 23:06, the Defendant driven CA car under the influence of alcohol value of about 0.090% in a section of about 4 km from the north-dong, Incheon to the front side of the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and summary order statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 51 of the Criminal Act, including the following circumstances, are considered: (a) the degree of the reason for sentencing under Article 62-2 of the Criminal Act; (b) the time interval with the previous drinking driving force; (c) the recognition of the crime; (d) the disposal of vehicles; and (e) the support for the mother and his/her dependent while the economic situation is not strong due to a large amount of debt caused by business failure; and (e) the sentence shall be determined