A defendant shall be punished by imprisonment for one year.

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

[Criminal Power] On June 8, 2017, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 6, 2020, at around 23:15, the Defendant driven a Damar truck with a blood alcohol concentration of about 0.161% from the 2km section of approximately 2km to the front of the 878 Twit-gu Incheon Nam-gu, Incheon, Nam-gu, Incheon.

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. Report on the occurrence of the case, inquiry on the results of the control of drinking driving, and report on the situation of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In light of the sentencing conditions under Article 51 of the Criminal Act, including the following circumstances, a sentence shall be determined as ordered by taking into account the following circumstances: (a) the fact that an order to attend a lecture has driven a dangerously by, inter alia, the central line is invaded by the reason of sentencing under Article 62-2 of the Criminal Act; (b) the fact that a person has been punished by a fine due to drinking driving has not been long and re-offending; and (c) the Defendant