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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 21, 201, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Gyeyang Branch of the Suwon District Court on September 21, 201. On January 21, 2013, the Defendant issued a summary order of KRW 5 million for the same crime from the Incheon District Court Branch of the Incheon District Court on January 21, 201, and on March 11, 2015, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Busan District Court Branch of the Incheon District Court on March 11, 2015.

Criminal facts

At around 04:40 on July 12, 2020, the Defendant driven a E-high-est car from the Do near the “C” located in Gyeonggi-si, Gyeonggi-si, to the front road of the “D apartment in Incheon Bupyeong-gu, Incheon” while under the influence of alcohol of 0.259% of blood alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of, and control note for, a drinking driver;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of the same criminal records;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act applicable to the crime and Articles 148-2 (1) and 44 (1) of the choice of punishment for the crime of this case, the choice of imprisonment [Consideration of imprisonment with prison labor for the crime of violating the Road Traffic Act (non-licensed driving) at the Incheon District Court on July 13, 2016, in addition to the above criminal records, and considering the fact that the defendant has been sentenced to 6 months of imprisonment and 2 years of suspended sentence] Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the same Act)

1. Article 62 (1) of the Criminal Act on the suspension of execution (presumed consideration in the preceding);

1. Probation and community service order under Article 62-2 of the Criminal Act;