1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Punishment of the crime

[criminal power] On March 20, 2007, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 1,500,000 for a violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s subsidiary branch on July 21, 2008, a summary order of KRW 1,50,000 for a fine of KRW 1,500 for a violation of the Road Traffic Act (driving) from the Incheon District Court’s subsidiary branch on March 16, 2010, a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Incheon District Court’s subsidiary branch on February 29, 2016 to the Incheon District Court’s subsidiary branch on February 29, 2016, respectively.

【Criminal Facts】

On December 4, 2019, at around 22:04, the Defendant driven Chya car while under the influence of alcohol with approximately 0.107% of alcohol concentration at the 1km section from the vicinity of the Seocheon-si Station to the front road of the same city.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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 driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, since the defendant has already been punished as a crime of violating the Road Traffic Act (hereinafter referred to as a fine) and has committed the same crime at once, it cannot be deemed that his responsibility is less than that of the defendant.

The blood alcohol concentration level measured was 0.107% and it was difficult to drive normally.

However, all of the defendants recognize crimes.