The punishment of the accused shall be determined by ten months of imprisonment.

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

Punishment of the crime

On March 18, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 18, 2008, and on September 22, 2015, issued a summary order of KRW 4 million by the same court as the same crime.

On June 20, 2019, at around 21:20, the Defendant driven B WW125 U.S. under the influence of alcohol with approximately 200 meters alcohol concentration of approximately 0.158% from the 200-meter radius to the roads near the northwest of the same Dong, where the trade name in the Northwest of Kimpo-si is unknown.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, and copies of judgments attached thereto;

1. Article 148-2(1)1 and Article 44 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime; the choice of imprisonment for a crime

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

1. Articles 2 and 60 (1) of the Juvenile Act, which are illegal;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Number of an order to attend a course of sentencing under Article 62-2 of the Criminal Act, the frequency of punishment for the same kind of crime is time interval with the crime of this case, the injury was caused by shock of the vehicle with illegal internship during the crime of this case, the confession of the crime of this case, the confession of mistake, the fact that the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, etc., shall be determined as per the order.