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 August 29, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court on 2011.

【Criminal Facts】

On June 28, 2020, around 20:43, the Defendant driven a DCoon sport vehicle with approximately 10 meters of blood alcohol concentration of about 0.210% while under the influence of alcohol at the apartment C-dong apartment C-dong parking lot in Incheon-si.

Accordingly, the defendant violated the prohibition of drunk driving under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal notice of the result of regulating drinking driving, the report on the circumstances of drinking drivers, the report on the occurrence of traffic accidents which are inquired of the results of crackdown on drinking driving, the report on the actual condition of the accident, the photographs of the scene of the accident, and the photograph of apartment ctv

1. Previous convictions indicated in judgment: Application of criminal records, inquiry records, investigation status (the confirmation of criminal records by the defendant and attachment of summary order);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. According to the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the records and arguments of this case, such as the circumstances and age of the defendant, character and conduct, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

The defendant has been punished as a fine for a violation of the Road Traffic Act even in 2011.

The favorable circumstances: At the time of crime and the mistake are divided.

There is no record of punishment exceeding the fine due to the same crime.

The distance of driving is shorter.