A defendant shall be punished by imprisonment for a term of one year and four 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 October 22, 2008, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the Incheon District Court on August 22, 2008, a fine of three million won as a crime of violating the Road Traffic Act (Refusal of Drinking Measures) in the same court on August 27, 2009, and one year of suspension of execution in the same court on July 12, 2017, respectively.

【Criminal Facts】

On June 24, 2020, at around 17:52, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of about 0.191% from the 2km section of the Defendant’s house located in Yeonsu-gu Incheon Metropolitan City, to the front road of the same Gu Cpolog.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (Attachment to judgments of the same kind as the suspect);

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 53 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: The defendant had a record of being punished for a drunk driving and has been faced with a stay of execution, but re-driving again.

The degree of blood alcohol concentration measured is also high.

The favorable circumstances: There shall be no power to commit any other crime except the above crimes.

It is necessary to dispose of a vehicle that has been driven and prevent recidivism.