Text
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment becomes final and conclusive, the execution of punishment shall be suspended.
(b) the defendant;
Reasons
Punishment of the crime
On November 6, 2006, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 1,000,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court on January 17, 2013 as the same crime.
On May 16, 2020, at around 00:01, the Defendant driven a Fdisty car at approximately 1 km section from the Do in front of the business site of the Incheon strengthened C Co., Ltd. to the front of the E cafeteria located in D, while under the influence of alcohol, which is 0.204% of blood alcohol level.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statement of the employee;
1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;
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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (limited to cases where the defendant is allowed to have the criminal history of violating the Road Traffic Act, but considering the criminal history of the fine prior to the year 2013);
1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);
1. Order to attend lectures under Article 62-2 of the Criminal Act (the purpose of helping prevent recidivism and return to society in consideration of the records, etc. of the defendant);