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 May 14, 2013, the Defendant was issued a summary order of KRW 1,500,000,000 as a crime of violating the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court.

【Criminal Facts】

On June 25, 2020, at around 13:15, the Defendant driven an Esch Rexroth car in the state of alcohol alcohol concentration of about 0.132% from the 1km section from the front of a restaurant in Yeonsu-gu Incheon Metropolitan City B to the front of the same Gu D apartment road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under influence of alcohol, report on the results of crackdown on driving under influence of alcohol, report on the circumstantial statements of a drinking driver, inquiry into the results of crackdown on drunk driving, and control of drinking;

1. Previous records of judgment: Criminal history records, investigation reports (Attachment to the previous records and summary order), and application of one copy of a summary order;

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 deemed to have driven a vehicle while under the influence of alcohol 0.132% despite the fact that the defendant had been punished for driving under the influence of alcohol, and the circumstances unfavorable to the defendant, such as the fact that the criminal liability is heavy, are recognized in light of the substance of the crime.

However, there are other factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., which reflects the mistake while making a confession of the crime of this case, that the defendant has no criminal record exceeding the fine, that there is a child to support the defendant.