A defendant shall be punished by imprisonment for not more than ten 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 July 7, 201, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the Incheon District Court Branch of Incheon District Court on July 7, 201, and issued a summary order of KRW 6 million for a violation of the Road Traffic Act at the Incheon District Court on November 27, 2014.

【Criminal Facts】

On March 20, 2019, the Defendant was under the influence of alcohol of 0.096% in blood alcohol concentration at around 22:00, and was driving a motor vehicle of approximately 2 km from the street front to the front road of Gyeonggi-do Kimpo-si.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Previous records before ruling: Application of criminal records, reply reports, investigation reports, and 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. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a meeting, committed the instant crime even though the Defendant had been punished several times due to the violation of the Road Traffic Act, and driving under the influence of alcohol is a serious crime that may lead to the life of another person as well as himself/herself, and there is a need for strict punishment. The Defendant, at the time of driving under the influence of alcohol, caused an accident in which the central separation belt was taken place during the driving under the influence of alcohol, and there is a risk of causing life damage to himself/herself, etc. that are disadvantageous to the Defendant.

However, the fact that the defendant recognizes the crime of this case and reflects it, the defendant does not have the same kind of punishment exceeding the fine, and the defendant.