A defendant shall be punished by imprisonment for a term of one year and two months.

Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On March 28, 2018, the Defendant was notified of a summary order of a fine of KRW 4 million by the Suwon District Court for the violation of the Road Traffic Act.

【Criminal Facts】

On July 2, 2020, at around 01:30, the Defendant driven a B B B B B Bbluri vehicle with a alcohol alcohol content of about 0.191% at around 7km from the south East-gu Incheon Metropolitan City to the Southern East-dong, the Southern East-gu, Incheon East-dong to the Southern East-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status (a copy of a summary order);

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 punishment as ordered under Article 51 of the Criminal Act, including the following: (a) the degree of the reason for sentencing under Article 62-2 of the Criminal Act; (b) the time interval with the past drinking driving force; and (c) the false statement to avoid liability immediately after the crime; and (d) the fact that the crime of late drinking and the fact that the crime of late drinking is recognized and the recidivism is not committed, shall be determined by taking into account the sentencing conditions under Article 5