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 became final and conclusive.

Punishment of the crime

On July 25, 2007, the Defendant was sentenced to a fine of 2.5 million won by the Incheon District Court as a crime of violating the Road Traffic Act.

On June 29, 2020, at around 21:15, the Defendant driven a rocketing car under the influence of alcohol content of about 2.5 km from the front of the Namyang-si, B to the front of “D” in the same city as “D” in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver, and investigation report;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of statutes of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Defendant committed the instant crime even though he had the record of punishment for driving under the influence of alcohol in 2003, 2004, and 2007 under Article 62(1) of the Criminal Act.

There are several criminal records of the same kind, but the final power has long been used, and the blood alcohol concentration of this case has not been relatively high to 0.050%, taking into account in particular, the fact that the defendant recognizes and reflects the crime, taking into account the distance of drunk driving, the age and character of the defendant, his age, personality and conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., the punishment as set forth in the Disposition shall be determined by the comprehensive consideration of the various sentencing conditions