A defendant shall be punished by imprisonment for two years.

Provided, That 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

[Criminal Power] On February 27, 2018, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 4, 2020, at around 03:30, the Defendant driven a motor vehicle with Dbenz C200 d motor vehicles with approximately 200 meters alcohol concentration of about 0.138 percent in the section of around 200 meters from the southdong-gu Incheon to the front of the same Gu.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of suspects in violation of the Road Traffic Act (driving), reporting on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

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 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act requires severe attention to the determination of the central line and the driving of booms, the influence of drinking driving is twice (2008, 2018), the temporal distance from the driving force of drinking driving and the sentencing conditions under Article 51 of the Criminal Act are considered.