A defendant shall be punished by imprisonment for a term of one year and two months.

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 March 16, 2016, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

【Criminal Facts】

On June 17, 2020, at around 22:17, the Defendant: (a) driven a car in a state of alcohol of about 0.163% of blood alcohol concentration from the 13km section of approximately 13km to the roads in front of the scark stadium located in 806 in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, report on the circumstances of driving under the influence of alcohol, and report on the circumstantial statement of the driver under the influence of alcohol driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and reporting of results of past records of disposition, and 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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

2. Crimes of which the sentencing criteria are not set for each judgment of the scope of recommended sentences according to the sentencing criteria;

3. The crime of this case is found to be disadvantageous to the defendant, in light of the substance of the crime, even though the defendant had a history of punishment for driving under drinking, and again drives a vehicle while under the influence of alcohol by 0.163%, such as the fact that the criminal liability is heavy.

However, the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., are determined as follows: the defendant's confession of the crime of this case and there is no record of the crime except before and after the judgment of the defendant; and the defendant's age, character and behavior, environment, motive,