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 January 4, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 18:03, 2020, the Defendant driven D Poter Vehicles while under the influence of alcohol 0.145% in a section of about 300 meters from the front line of capital reduction in the B market located in Eunpyeong-gu Seoul Metropolitan Government to the front line of Eunpyeong-gu Seoul.

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

Summary of Evidence

1. Report on the defendant's legal statement, the circumstantial statement, the criminal records of the drinking driving regulation, the inquiry report on the criminal records, the report on the results of confirmation of the dispositions not prior to the disposition, and the application of Acts and subordinate statutes of the summary order;

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

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

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act, even though he was punished for drinking driving once, was also driving under the influence of drinking.

On the other hand, there was no traffic accident due to the drinking driving of this case, and the defendant again said that he will not commit such a mistake.

In addition, the degree of blood alcohol concentration in the instant case and the driving distance, age, character and conduct, environment, motive and consequence of the criminal act, circumstances after the criminal act, etc., the punishment as ordered shall be determined in full view of various circumstances, which are the conditions of sentencing as shown in the records and arguments.