A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On November 14, 2007, the defendant was issued a summary order of KRW 2.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act, and KRW 2 million by the same court on the 26th day of the same month.

【Criminal Facts】

On April 17, 2020, at around 00:43, the Defendant driven a f tea with alcohol level of 0.165% under the influence of alcohol level of approximately 100 meters from the front of the Cju store in Gyeyang-gu Incheon Metropolitan City to the front of the D apartment E-dong.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Previous records of the defendant's legal statement, statement, circumstantial statement, and records of his/her judgment following the control of drinking ships: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria;

3. The crime of driving under the influence of sentence is likely to cause harm not only to himself/herself but also to another person's life and body.

Although the Defendant had had the same criminal power, the Defendant committed the instant crime.

On the other hand, it is reasonable to consider the fact that the defendant recognizes the crime of this case and reflects it.

Other circumstances, such as the distance and time of the defendant's driving, and the time interval from the last same kind of force to the time of the crime of this case, including the age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered by taking into account all the circumstances that form the conditions of sentencing