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 September 18, 2007, the defendant was issued a summary order of KRW 2 million by the Incheon District Court for the crime of violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on January 2, 2009, respectively.

【Criminal Facts】

On March 19, 2020, at around 22:10, the Defendant driven a e-wing truck under the influence of alcohol level of about 0.115% in a section of about 700 meters from the Do of Seo-gu Incheon Metropolitan City to the front of the Dingu distance in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents, reports on the results of crackdown on drinking driving, and circumstantial statements of drinking drivers;

1. An inquiry inquiry report, investigation report (same-class electric power), and application of summary order 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 53 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was involved in an accident while driving a motor vehicle again, despite three times the history of punishment for driving a motor vehicle under drinking, and the blood alcohol level measured is not lowered.

However, the records of the same kind of crime are 11 years prior to the date of the crime, there are no other special records of crime, the distance of the vehicle is short, and the distance of the vehicle does not run under the influence of alcohol again, and the other factors indicated in the records of this case such as the defendant's age, character and behavior, and environment are considered as favorable factors. In addition, the punishment shall be determined as per the order by taking into account the various sentencing conditions