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 20, 2013, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act in Ansan District Court’s Ansan Branch on August 20, 2013.

【Criminal Facts of Crimes】 Around 04:05 on February 5, 2020, the Defendant driven Dsch Rexton car from approximately 300 meters from the front of Michuhol-gu Incheon, B to the front of the same Gu, while under the influence of alcohol content of 0.177%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act, reporting on the state of driving under the influence of alcohol, notification of the results of the control of driving under the influence of alcohol, and images and photographs of the site;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (examination of criminal records of a suspect), and application of one copy of a summary order attached thereto;

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. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. Determination of sentence: One year of imprisonment with prison labor and two years of suspension of execution is found to have been discovered while driving a motor vehicle under the influence of alcohol even though the defendant has already been punished by a fine due to a drunk driving, and the quality of such crime shall not be denied;

Furthermore, at the time of detection, blood alcohol concentration was considerably high, and the defendant was also under driving, and it could lead to large accidents.

However, the above influence of the defendant's drinking driving is about seven years prior to the sentence of the defendant, the defendant seems to need to be given an opportunity to improve character and behavior only at once, and the defendant's age, character and conduct, family relation, the process and method of the crime of this case, and the situation after the crime is committed.