A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Power of crime] On August 11, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

[2] On December 1, 2020, the Defendant driven the B 3 freight vehicle from around 500 meters in front of the road in the front of the Hancheon-gun, Hongcheon-gun, Seocheon-ro, Seocheon-ro, Hongcheon-ro, 149, while under the influence of alcohol level of 0.084% during blood transfusion around 19:30 on December 1, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes confirming the same criminal history of the suspect;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was subject to criminal punishment on two occasions due to driving of drinking, but it is not good that the crime is committed.

However, considering the following facts: (a) the Defendant appears to reflect on his own crime; (b) the occurrence of traffic accident was not occurred due to the instant crime; (c) the Defendant’s blood alcohol concentration was relatively lower than 0.084%; (d) the distance of the Defendant’s driving was relatively short; (e) the Defendant’s previous convictions related to driving of the above alcohol was punished by a fine on around 1999 and around 2008; and (e) there was no criminal conviction exceeding the fine against the Defendant.

In addition, the punishment as ordered shall be determined in consideration of various sentencing factors in the trial process of this case, such as the age, sex, intelligence and environment, family relationship, circumstances at the time of crime, etc.