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 is sentenced to a suspended sentence of two years in October 201 by the Incheon District Court on October 4, 201, for a crime of violation of the Road Traffic Act (hereinafter referred to as the "Crime of Drinking") (hereinafter referred to as July 28, 201).

Criminal facts

On December 28, 2019, at around 06:24, the Defendant driven B, under the influence of alcohol content of approximately 0.044% from the 1km section from the road near the Bupyeong Station located in Bupyeong-gu Incheon Metropolitan City to the road front of the same Gu funeral road, to the same 51m, and the same malleg, the Defendant driven B, under the influence of alcohol content of about 0.04%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of imprisonment [Consideration to the fact that the defendant was issued a summary order of a fine of KRW 4 million in 2008 due to the refusal of drinking, measurement, etc. and again commits the crime of this case even though he had the same criminal record as the above criminal record];

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that it is not relatively high in blood alcohol concentration, reflects his/her mistake, and does not drive under the influence of alcohol again);

1. Article 62 (1) of the Criminal Act on the suspension of execution (precluding the preceding sentence);

1. Order to attend lectures under Article 62-2 of the Criminal Act;