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] On February 9, 2009, the Defendant had a record of being sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act at the Changwon District Court on February 9, 2009

【Criminal Facts】

On December 29, 2019, at around 06:35, the Defendant driven Bsch Rexn car under the influence of alcohol concentration of about 500 meters from the section of about 500 meters from the cultural distance near the Bupyeong-gu Incheon Bupyeong-gu to the same road front of the same road as the same funeral road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to two years;

2. The sentencing guidelines are not set. 3. The crime of this case in which the sentencing guidelines are applied is the case where the defendant re-driving a motor vehicle despite the fact that the defendant had been punished for driving a motor vehicle for drinking, and the defendant's liability is not weak.

However, considering the circumstances favorable to the defendant, such as the fact that the defendant states that all of the facts charged are recognized and reflected, that the blood alcohol concentration at the time is not higher than 0.046%, that the defendant was not sentenced to imprisonment with prison labor, and that there was no previous case since 2009, etc., the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the defendant's age, character and behavior, health status, family relationship, means and result of the crime, and the circumstances after the crime, etc.