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 became final and conclusive.

Punishment of the crime

[criminal power] On November 8, 2006, the Defendant issued a summary order of one million won for the crime of violation of the Road Traffic Act at the Incheon District Court on November 8, 2006, which became final and conclusive on December 2, 2006.

【Criminal Facts】

On December 22, 2019, the Defendant driven D k5 car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.097% from the 20-meter section from the front road to C in the south-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, notification on the control of a drinking-driving, and inquiry into the results of the control of a drinking-driving;

1. Photographs;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Defendant, on the grounds of the suspended sentence under Article 62(1) of the Criminal Act, committed the instant crime even though he had been punished for the violation of each Road Traffic Act in 2002, 2005, and 2006.

Considering the interval and frequency with the previous punishment history, the degree of alcohol content of the blood of this case is 0.097%, the punishment shall be determined as ordered by comprehensively taking into account the Defendant’s age, character and conduct, family relation, motive and means of a crime, circumstances after a crime, and other various sentencing conditions shown in the records and arguments of this case.