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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 1, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the site of Suwon District Court, and on October 31, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution.

On November 21, 2019, the Defendant driven an E-motor vehicle at a section of about 100 meters from the front of the Seo-gu Incheon Building to the front of the D Hospital located in the same Gu C, while under the influence of alcohol of 0.078% of blood alcohol level around 23:28.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, and results of confirmation;

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

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

1. The Road Traffic Act amended on December 24, 2018 on the grounds of sentencing under Article 62-2 of the Criminal Act (amended on December 24, 2018) strengthens the punishment to be sentenced to imprisonment for not less than two years but not more than five years (not less than one year but not more than two years and six months even if mitigation is made); the defendant has been subject to punishment three times due to drinking driving, and the defendant has again been subject to suspended sentence for one time, and the defendant has again been subject to suspended sentence for a more time, under the circumstances unfavorable to the defendant; the defendant's mistake is divided; the history of drinking driving is a relatively long time; the history of drinking driving is a relatively long time; and the execution of the sentence is suspended only once taking into account the circumstances favorable to the defendant, which are favorable to the defendant.