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 August 5, 2009, the Defendant was issued a summary order of KRW 700,000 by the Incheon District Court to a fine for a violation of the Road Traffic Act, and on February 22, 2018, issued a summary order of KRW 3 million by the Incheon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On July 9, 2020, around 08:12, 2020, the Defendant driven CM6 car while under the influence of alcohol, which is about 0.161% of blood alcohol concentration, from the 2km section from the roads near the Jeju-gu, Michuhol-gu, Incheon to the roads in front of Michuhol-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Photographss and photographs of a suspect who is close on the vehicle after the measurement of alcohol;

1. Previous conviction: Criminal history records, etc.; attachment of inquiry report; and application of Acts and subordinate statutes of a 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Defendant, who was sentenced to a fine due to drinking alcohol driving in 2009 under Article 62-2 of the Criminal Act, committed the instant crime of drinking alcohol again even though he/she was sentenced to a fine due to drinking alcohol driving in 2018, and was sentenced to a fine due to drinking alcohol driving in 2018.

The defendant's blood alcohol concentration is very high.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no history that the defendant was punished in excess of a fine.

In addition, the sentence is imposed in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.