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 February 5, 2010, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court to a fine for the same crime.

【Criminal Facts】

On April 12, 2020, at around 23:51, the Defendant driven an E rocketing car with approximately 50 meters alcohol concentration of 0.153% in the section near the restaurant located in Kimpo-si B, Kimpo-si from around 23:51 to the road in front of Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the actual state of drinking drivers, and reports on the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of criminal records, repeated statements, investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend a lecture is an offense in which not only the person himself but also another person's life can be taken, and the nature of the offense is poor. The Defendant repeated the crime despite the record of punishment twice due to drinking driving, despite the fact that the Defendant's blood alcohol concentration was considerably high, and the Defendant’s blood alcohol concentration was high, and the Defendant caused a heavy accident during drinking driving is disadvantageous to the Defendant.

However, under the circumstances favorable to the defendant, the fact that the defendant recognized the crime of this case, there is no record of punishment for the same kind of crime since 201, there is no record of punishment exceeding the fine, and the driving distance of the defendant was relatively short, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc.