A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[criminal power] On May 10, 2012, the Defendant was notified of a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Incheon District Court’s Branch Branch on May 10, 2012, and on May 31, 2016, the Defendant was sentenced to imprisonment for one year with prison labor for the same crime, etc. in the same court on May 31, 2016, and was sentenced to a fine of KRW 9 million for the same crime in the same court on June 7, 2017.

【Criminal Facts】

On July 12, 2020, the Defendant, as seen above, once again driven a Ding Concar with a blood alcohol concentration of about 0.171% under the influence of alcohol level at about 50 meters from the Do adjacent to the B building at Bupyeong-si to the front road of the C building at the same time, and again violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant’s legal statement, notice of the result of the regulation of drinking driving, report on the state of drinking drivers, investigation report (report on the state of drinking drivers), report on the state of drinking driving, and inquiry into the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, two copies of judgment, and application of Acts and subordinate statutes of 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. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62 (1) of the Criminal Act (i., the fact that it is reasonable to drive a motor vehicle and drinking alcohol but the defendant recognizes the crime of this case, the driving distance is not long, the defendant has no penalty power, and the defendant disposes of the motor vehicle and does not drive a motor vehicle again);

1. It shall be decided as ordered for the reason of probation, community service and order to attend education under Article 62-2 of the Criminal Act or more;