Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for three years from the date of the final judgment.

Punishment of the crime

On August 8, 2014, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended sentence due to a violation of road traffic law (drinking) in the Incheon District Court's Branch Branch.

On October 10, 2020, at around 16:20, the Defendant driven a coo vehicle in C while under the influence of alcohol concentration of about 0.108% in a section of about 4km from among the police stations of the age police station of the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, in front of a mutually influorous restaurant B, which is located in the middle of the Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing shall be considered in light of the circumstances favorable to the attention) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing has been repeated for more favorable circumstances);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year to two years and six months;

2. Not applying the sentencing criteria: Omission of the sentencing criteria;

3. Punishment by prosecution: Two years of imprisonment.

4. The Defendant, who was sentenced to a sentence, was driving under drinking alcohol twice (202, 2005) by driving under the influence of alcohol and was sentenced to a suspended sentence of imprisonment on one occasion in 2014, with other crimes, even though he had been sentenced to a suspended sentence of imprisonment on one occasion in 2014.

In blood, alcohol concentration of 0.108%, the state of main production is not less complicated.

In 2014, there is little room for criticism by repeating a crime even though a suspended sentence of imprisonment with prison labor imposed by an order to attend a lecture was imposed because it caused a traffic accident while driving under drinking in 2014.

However, traffic accidents.