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 October 27, 2016, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch Branch.

【Criminal Facts】

On June 21, 2020, at around 01:17, the Defendant driven a car under the influence of alcohol of about 0.143% alcohol level from the 2km section to the front road of the D station located in the same Gu C from the Nam-gu Incheon Metropolitan City, Nam-gu B, the Defendant driven a car under the influence of alcohol level of about 0.143%.

Summary of Evidence

1. Previous records of the defendant's statutory statement, reports on the state of driving under the influence of alcohol, and records of his/her judgment following the control of drinking driving: Application of the inquiry report, investigation report (same-class power, etc.), 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The crime of drinking-water driving with the reason of sentencing Article 62-2 of the Criminal Act requires strict punishment for the crime of causing 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