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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.
Reasons
Punishment of the crime
On April 21, 2014, the Defendant issued a summary order of a fine of one million won at the Incheon District Court for a violation of the Road Traffic Act, and the same year.
5.2. The above summary order is finalized, and on January 31, 2018, a fine of two million won has been issued at the Incheon District Court for a violation of the Road Traffic Act and the same year.
2. 27. A person with two times the past records violating Article 44(1) of the Road Traffic Act, such as a final and conclusive summary order.
On November 25, 2019, at around 01:21, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of 0.11%, from around 1k to the front distance of the same Gu C apartment, from the south-gu Incheon Metropolitan City B apartment road to the front distance of the same Gu C apartment.
Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.
Summary of Evidence
1. Defendant's legal statement;
1. Inquiry into the result of the crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and 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 defendant, who had been punished twice for the same kind of offense, has been subject to criticism.
However, it shall be considered as a favorable factor in which it would not drive under the influence of alcohol again, and the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions of Article 51 of the Criminal Act, which are shown in the records of this case, such as the degree of the appearance, age, character and conduct of the defendant, and environment.