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 became final and conclusive.

Punishment of the crime

On March 20, 2008, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On May 21, 2020, at around 00:01, the Defendant driven C vehicle under the influence of alcohol content of 0.140% from the influent land of Michuhol-gu Incheon Metropolitan City to the front road of the Yeonsu-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Statement under circumstances;

1. Previous records of judgment: Criminal records, inquiry reports and application of three-minutes of summary order 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had a record of criminal punishment twice due to a violation of the Road Traffic Act, has committed the same crime again.

Considering the fact that the defendant's blood alcohol concentration at the time of driving is not low, the defendant's responsibility for the crime of this case is heavy.

However, in light of the fact that the Defendant is recognized as committing the instant crime, the time interval between the previous act of drunk driving and the instant crime, the circumstances of drunk driving, etc., the Defendant’s age, character and conduct, family relationship, economic situation, motive and attitude of the instant crime, and the circumstances after the commission of the instant crime, etc., the punishment as ordered shall be determined by taking into account the following factors: