A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On July 27, 2006, the defendant was sentenced to one year of suspended execution for 4 months of imprisonment with labor for a violation of the Road Traffic Act (Refusal of measurement) and a violation of the Road Traffic Act (non-licensed driving) at the Incheon District Court on July 27, 2006; two years of suspended execution for 6 months of imprisonment with labor for a violation of the Road Traffic Act (non-licensed driving) and a violation of the Road Traffic Act (non-licensed driving); two million won of fine at the Incheon District Court on July 29, 2010; and two million won of imprisonment with labor for the same crime at the same court on September 1, 2010.

【Criminal Facts】

On August 23, 2020, at around 23:25, the Defendant driven C C beerma car while under the influence of alcohol concentration of 0.075% on the roads in front of the Southern-gu Incheon Metropolitan City, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection, inquiry into the results of crackdown on drinking driving, and circumstantial statement of a drinking driver;

1. Criminal records, inquiry reports, and application of statutes on judgment;

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. Article 53 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, was re-driving in spite of being punished four times for the same kind of crime.

However, it shall be considered as favorable factors such as disposing of the vehicle, again it does not drive under the influence of alcohol, and that the measured blood alcohol concentration is low, and other factors of sentencing under Article 51 of the Criminal Act as shown in the records of this case such as the age, character, conduct and environment of the defendant shall be determined as ordered by taking into account the various sentencing conditions of Article 51 of the Criminal Act