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

On October 21, 2016, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daegu District Court.

On September 15, 2019, at around 00:05, the Defendant driven a C-Wood vehicle with a blood alcohol content of about 0.139% while under the influence of alcohol at around 39 km at the 40km section from the front side of the Seogu Seo-gu Incheon Metropolitan City B to the 39km area inside the Jungnam-gun's Southern Highway.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, a report on the situation of a drinking driver, and a report on the situation of a drinking-driving driver and his/her driver;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal records, references to records, amounts of dispositions, results of confirmation, and application of Acts and subordinate statutes;

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. Under the current Road Traffic Act, the reason for sentencing Article 62-2 of the Criminal Act was amended, the punishment for the crime of drunk driving was strengthened, and even though the defendant had recently been punished for the same kind of crime in the atmosphere where social awareness about the crime of drunk driving was high, the crime of this case was committed without among the defendants, the defendant's blood alcohol concentration at the time of committing the crime is not somewhat weak, and the defendant's blood alcohol concentration at the time of committing the crime is minor but minor traffic accident is disadvantageous to the defendant.

However, the court shall take into account the circumstances to be considered for the defendant, such as the fact that the defendant commits a mistake, the fact that there is no history of punishment heavier than a fine, and the physical damage caused by traffic accidents seems to have been restored, and take into account the circumstances to be taken into account for the defendant, such as the age, character and behavior, environment, motive and circumstances of the crime, and circumstances after the crime, and determine the punishment as ordered.