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

On February 20, 2019, the Defendant received a summary order of a fine of two million won for the crime of violation of the Road Traffic Act from the Incheon District Court.

On March 10, 2020, at around 03:20, the Defendant driven a car at the horse b while under the influence of alcohol content of about 0.113% in a section of about 100 meters from the insular road to the front side of the 1,000-ro 1,000.

Summary of Evidence

1. Previous records of the defendant's legal statement, his/her statement control records and records of his/her ruling on measurement of the circumstantial statements of his/her driver: Application of Acts and subordinate statutes to the agreement auxiliary to the agreement of this case to criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

The reason for sentencing is that the defendant has committed the crime of this case even though he had the same criminal record.

Drinking driving is a crime threatening to the life and body of himself/herself and others, and it is necessary to take into account social danger and harm.

The current Road Traffic Act has been greatly strengthened with the social demand to eradicate the harmful effects of drinking driving.

However, considering the fact that the defendant recognized a criminal act and committed a serious reflective nature, etc., the defendant's age, occupation, family relationship, character and conduct, environment, motive leading to the criminal act in this case, circumstances after the criminal act, and all of the sentencing factors revealed in the trial process shall be determined as ordered by taking into account the defendant's age, occupation, family relation, character and conduct, environment, etc.