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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 19, 2013, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) from the Jeonju District Court, and on February 8, 2017, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court.

On October 14, 2020, around 21:23, the Defendant violated the prohibition of drinking by driving a D car under the influence of alcohol concentration of about 0.205% in the section of approximately 1.5km from around 1.5 meters to the front road of Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, at least twice.

Summary of Evidence

1. The defendant's statutory inquiry about the result of crackdown on driving under drinking alcohol, the inquiry about the situation of the driver placed in the main place, criminal records, etc. (A) and the application of summary order under statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Articles 148-2(1) and 44(1) of the same Act, the selection of punishment for a crime

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education: The defendant, even though he/she was punished by a fine on two-time driving of drinking alcohol, is driving in the state of drinking alcohol concentration of 0.205% at the same time, and the social harm of drinking driving and the purpose of strengthening the relevant penal provision, etc. are not less complicated.

A favorable circumstances: The defendant recognizes a crime.

There shall be no electricity exceeding a fine.

Based on the above circumstances, considering all sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, etc., the sentence shall be determined as ordered and the execution thereof shall be suspended on the condition that the order to attend the course is faithfully observed.