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

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 October 9, 2012, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act from the Incheon District Court's Branch Branch on October 9, 2012, and the summary order of KRW 4 million for a violation of the Road Traffic Act from the Incheon District Court's Branch on January 12, 2018 to the Incheon District Court's Branch Branch on January 12, 2018.

【Criminal Facts】

Although the Defendant was punished for drunk driving as above, on April 26, 2020, the Defendant driven a DNA strawing car in the state of alcohol level of about 0.197% from the 4km section from the roads near the Gyeyang-gu Incheon Metropolitan City “B market” to the front road of the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (a report on the confirmation of the same kind of power), and summary orders;

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 reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the Defendant, even though he/she was punished for drunk driving twice, re-driving a motor vehicle, and the measured blood alcohol concentration is also very high.

However, one of the records of the same crime shall be considered as favorable factors, such as the fact that one time among the records of the criminal acts in the same kind has been eight years, there is no record of punishment, and that another is not driving under drinking again, and other factors of sentencing under Article 51 of the Criminal Act, which are shown in the records of the case, such as the age, character and conduct of the defendant and environment, shall be determined as ordered