Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On February 20, 2020, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 1, 2020, at around 01:10, the Defendant driven a Cbenz car under the influence of alcohol level of 0.125%, even though the license was suspended from approximately 4km section from December 17, 2019 to March 5, 2020, from the 4km section of Eunpyeong-gu Seoul, to the frontway of Eunpyeong-gu, Seoul.

As a result, the Defendant has been driving a motor vehicle in violation of the prohibition of drinking driving more than twice, and the validity of the driver's license has been suspended.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection reports on the results of the drinking driving control and investigation reports (applicable without the Radmark formula);

1. The ledger of driver's licenses;

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (the same criminal records and confirmation);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is the crime of high risk of infringing the life and property of others as well as himself/herself.

On November 3, 2019, the Defendant was found to drive under the influence of alcohol and was found to have been able to drive under the influence of alcohol at the same time at the time when several months have elapsed, and the instant crime led to the occurrence of a traffic accident.

On the other hand, conditions favorable to the defendant, such as the fact that the previous conviction is the whole criminal records, and the age, character and conduct, environment, motive, means and result of the crime, etc. of the defendant.