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 5, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act (driving) at the Incheon District Court's Busan District Court's Branch on February 5, 201, and a fine of KRW 3 million on September 26, 2014, respectively.

On January 13, 2019, at around 06:44, the Defendant driven CNS car while under the influence of alcohol at approximately 0.074% alcohol concentration on the road of about 5km section from Kimpo-si, Incheon to the 25.5 KK (Seoul direction) of the New Airport Highway in Gyeyang-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include both the probation, community service order and order to attend a lecture, and the sentence of imprisonment with labor for the same and a different kind of crime, and there are many criminal records of criminal punishment.

Nevertheless, the Defendant was found to have stopped on the side and locked up in the side while driving a motor vehicle again driving on an expressway while driving on the expressway, and the Defendant’s act should be subject to criticism in light of the fact that the drinking driving threatens not only the driver but also another person’s life.

The defendant had been absent on the sentencing date.

However, the fact that the defendant recognizes his mistake and reflects the fact that there is a family member to support, etc., shall be considered as a favorable condition to the defendant, and records such as the period up to the recidivism, the blood alcohol concentration level at the time of crackdown, the age, character and conduct, environment of the defendant, the motive, means and consequence of the crime of this case, etc.