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 December 8, 2014, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court Branch of the Incheon District Court to a fine of KRW 1,500,000 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 5, 2020, at around 21:55, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.108% in a section of about 100 meters from the front of Kimpo-si to the front road in Kimpo-si, Kimpo-si.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Report on the circumstances of the suspect's interrogation statement of the accused on the accused's legal statement, report on the situation of driving at home, the driver's license register, the driver's license register, the car inquiry, and the investigation report on mandatory insurance made by the accused (report on the circumstances of the driver at home);

1. Previous convictions indicated in judgment: Criminal records, results of confirmation before and after disposition, and application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, committed the instant crime even if he/she was punished by a fine for drunk driving in 2014, and thus, has again committed the instant crime.

Since the blood alcohol concentration at the time of the instant crime is high, the quality of the crime is also inferior.

The defendant asserts that he cannot be punished by a fine of high amount due to economic difficulties, and instead is punished by imprisonment.

In consideration of this point, punishment shall be imposed by imprisonment.

However, in consideration of the fact that the defendant led to the crime of this case and reflects his depth, the defendant was not subject to criminal punishment other than once due to drinking driving as seen earlier, and there was no record of punishment due to drinking driving after 2014.