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 June 17, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act by the Incheon District Court.

【Criminal Facts】

On October 9, 2019, around 01:30, the Defendant driven a Mabro vehicle under the influence of alcohol content of about 0.092% from the 500-1st road of the D Station 500 meters in front of the Drogate located at the time of the Gu Government, the Defendant driven a Mabro vehicle in the influence of alcohol content of about 0.092%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and report on the control of drinking driving;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant again commits the instant crime even if he had the same criminal record, according to the time interval from the same criminal record, the blood alcohol concentration of the defendant, the age, character and conduct and environment of the defendant, the motive, means and consequence of the instant crime, etc., and the conditions of sentencing as shown in the pleadings of the instant case, such as the circumstances after the crime