1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

[criminal power] On December 19, 2008, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on December 19, 2008, and a summary order of KRW 2 million for the same crime from the Seocheon Branch of the Incheon District Court on March 20, 2014.

【Criminal Facts】

On November 21, 2019, the Defendant driven an Efran vehicle under the influence of alcohol of about 10k alcohol concentration of about 0.063% from the 10km section from the front of Seo-gu Incheon to the front of the D store located in Kimpo-si, Kimpo-si.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and the circumstantial statement of a drinking driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (report on confirmation of the history of sound driving), and application of three copies of the summary order under Acts and subordinate statutes;

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving of drinking alcohol can cause serious damage to the life, body, and property of another person, so the corresponding punishment is needed.

In addition, since the defendant was sentenced to a fine for a violation of the Road Traffic Act (driving) more than one time, the same crime has been committed at once, it cannot be said that he is less liable.

However, the sentencing conditions such as the character and conduct, age, motive and background of the crime, circumstances after the crime, blood alcohol concentration level, the distance of drunk driving, the distance of time between the crime of this case and the distance between the crime of drinking alcohol driving and the crime of this case, which can be known through pleadings and arguments, shall be comprehensively taken into account.

more.