A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[Criminal Power] On March 28, 2018, the Defendant was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court, and such sentence is the same.

8. It was finalized on 18.1

【Criminal Facts】

On July 18, 2020, the Defendant was under the influence of alcohol level of 0.166% on blood alcohol level on July 18, 2020, and was driving a Cwing and 3-ton cargo vehicle from approximately 4km from the Seo-gu Incheon Family to the vicinity of Incheon Gyeyang-gu apartment.

As a result, the defendant was sentenced to criminal punishment for drunk driving, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the police officer concerning D when a traffic accident occurs;

1. Report on the occurrence of a traffic accident and the actual investigation report on the traffic accident;

1. Previous records as stated in the report on the results of crackdown on drinking driving, and the statement of circumstances of a drinking driver: The application of Acts and subordinate statutes attached to criminal records, inquiry reports, and criminal suspect-like power judgments;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Two to five years of imprisonment;

2. Crimes of which the sentencing criteria are not set for each judgment of the scope of recommended sentences according to the sentencing criteria;

3. The crime of this case is deemed to have driven a cargo vehicle under the influence of alcohol 0.166% even though the defendant had the history of driving under the influence of alcohol again, in light of the content of the crime, the criminal liability is heavy. The defendant again committed the crime of this case without being aware of it during the suspension period of execution after being sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act in 2018. The defendant committed the crime of this case without being aware of it during the suspension period of execution, and the defendant has the history of driving under the influence of alcohol twice, which is disadvantageous to the defendant.