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

On August 26, 2015, the defendant was given a summary order of a fine of three million won for a violation of the Road Traffic Act in the Cheongju District Court Support on Cheongju District on August 26, 2015.

Nevertheless, at around 00:08 on January 12, 2020, the Defendant driven a bale passenger car under the influence of alcohol content of about 0.116% at the 50km section before the Incheon Central Fishery Products Quality Management Service Incheon, which was located in Jung-gu, Jung-gu, Incheon, Jung-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation status (the confirmation of criminal records of drunk driving by a defendant);

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 sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 of the Criminal Act, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances: The defendant committed a crime of drunk driving in 2015 and was punished as a fine.

The distance of drinking driving is the long distance.

The favorable circumstances: The mistake is recognized and reflected.