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 20, 2016, the Defendant was sentenced to a suspended sentence of one year in August, 2016 by the Incheon District Court for the violation of the Road Traffic Act and the Act on Special Cases concerning the Settlement of Traffic Accidents.

【Criminal Facts】

On April 23, 2020, at around 23:15, the Defendant driven a Dlof 2.0 car under the influence of alcohol concentration of about 0.098% from the 100-meter section to the front road of the building in Seocheon-si, Seocheon-si to the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the circumstances of a drinking-driving, notification on the control of a drinking-driving, and inquiry into the results of the control of a drinking-driving;

1. Report on the register of vehicle driving licenses and investigation into the register of vehicle driving licenses (report on the circumstances of the driver);

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 Defendant, on the grounds of sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education, was sentenced to a fine of KRW 700,00 for a drunk driving in 2003 and a fine of KRW 1,00 for a crime of violation of the Act on Special Cases concerning Drinking and Traffic Accident Settlement in 2016, and committed the instant crime again even if he was sentenced to a suspended sentence of 8 months and a suspended sentence of 1 year, thereby committing the instant crime. As such, the instant crime is highly likely to commit the instant crime,

In consideration of this point, punishment shall be imposed by imprisonment.

However, in light of the following, the Defendant’s confessions all of the instant crimes and reflects on depth, the Defendant was sentenced to criminal punishment for the crimes other than those sentenced to imprisonment for 8 months with the previous two-time penal power, registration of credit business, and violation of the Finance Users Protection Act in 2008, and suspended sentence for 2 years, and was not subject to criminal punishment after 2016.