A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On November 2, 2017, the Defendant received a summary order of KRW 5 million from the Suwon District Court on the ground of the violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 8, 2020, at around 03:30 on January 8, 2020, the Defendant driven a d bargaining car under the influence of alcohol content of 0.133% in a section of about 10km from a mutual influence in the north-gu, Seo-gu, Seo-gu, Incheon to the front road of “C” located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, notification of crackdown on drunk driving, internal investigation report (control circumstances), report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drunk driving, ledger of use of a drinking measuring instrument, inquiry into the results of crackdown on drunk driving, investigation report (related to the hearing of the statement by 112 reporters and the details of the report, etc.);

1. Application of a reply to inquiries, such as criminal records, investigation reports (verification of the same attached power), and copies 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

In the past, even though the defendant was fined once due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

The blood alcohol concentration measured is considerably high by 0.13%.

However, the defendant recognizes his mistake and is against his will.

There was no personal injury.

There are intellectual disabilities.

There shall be no criminal punishment except for a criminal record before the judgment.

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.