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

1. On July 1, 2016, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for a crime of violating the Road Traffic Act.

2. Around 01:40 on August 30, 2020, the Defendant driven a Category D NA car under the influence of alcohol concentration of about 0.148% at the 2km section from the roads in front of the Bupyeong-gu Incheon Seop Holdings to the roads in front of the same Gu’s neighborhood living facilities.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, and summary order three-yearly 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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures: The defendant has been punished by a fine for the same kind of crime, while driving in the state of drinking alcohol level of 0.148% high even though he was punished by a fine on several occasions; and the social harm of drinking driving and the purpose of revising the Road Traffic Act are not easy to be taken into account.

A favorable circumstances: The defendant recognizes a crime.

The occurrence of a traffic accident has not occurred.

Some of the same power are relatively old.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.