A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

[criminal history] On December 28, 2006, the Defendant received a summary order of a fine of 1.5 million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on December 28, 2006, and on July 9, 2018, the Defendant received a summary order of a fine of 5 million won as a crime of violating the Road Traffic Act (drinking refusal to measure drinking) at the Sungnam branch support of the Suwon branch court.

[Criminal facts] On November 3, 2020, around 22:50, the Defendant: (a) driven a car under the influence of alcohol concentration of 0.149% in blood in a multi-lateral public parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, Seoul; and (b) driven a car about 5 meters.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Investigative report on the results of crackdown on driving alcohol (Calculation of alcohol concentration in blood);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiry, a report on investigation (the confirmation of criminal records of the same type) including criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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. Crimes of which the sentencing criteria are not set for each judgment on the scope of recommended sentences according to the sentencing criteria;

3. The crime of this case, which had been sentenced to punishment for driving under the influence of alcohol, is once again driven a vehicle under the influence of alcohol by the defendant while under the influence of alcohol by 0.149%, with heavy liability in light of the content of the crime, the defendant's blood content was considerably high, and the defendant was sentenced to a fine of five million won due to a violation of the Road Traffic Act in around 2018.