A defendant shall be punished by imprisonment for not less than one year and six 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

[Criminal Power] On May 8, 2018, the Defendant was issued a summary order of KRW 7 million by the Incheon District Court for the crime of violating the Road Traffic Act.

【Criminal Facts】

On July 23, 2020, at around 01:59, the Defendant driven a C-3 car in the section of about 9 km to the front of Michuhol-gu, Michuhol-gu, Incheon Coast Guard, where the blood alcohol concentration of 0.251% was drunk.

Summary of Evidence

1. Previous records of the defendant's legal statement, his/her statement, control of drinking driving, etc.: Application of Acts and subordinate statutes to inquiry reports, investigation reports, and summary orders;

1. Article 148-2(1) and Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the choice of imprisonment for a crime, and the choice of a sentence

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of drinking-water driving with the reason of sentencing Article 62-2 of the Criminal Act requires strict punishment for the crime of causing harm not only to himself/herself but also to another person’s life and body.

In 2018, the Defendant committed the instant crime even though he was under the influence of alcohol 0.258% under the influence of alcohol.

On the other hand, it is reasonable to consider the fact that the defendant recognizes the crime of this case and is against the defendant, and that there is no other punishment power except the punishment power for the above drunk driving.

Other circumstances, such as the distance and time of the defendant's driving, and the time interval from the last same kind of force to the time of the crime of this case, including the age, character and conduct, environment, motive and circumstance of the crime of this case, and the circumstances after the crime of this case, shall be determined as ordered by taking into account all the circumstances that form the conditions of sentencing