A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Power of crime] On May 21, 2008, the Defendant was issued a summary order of 1.5 million won by the Incheon District Court for a crime of violating the Road Traffic Act (drinking).

[Criminal facts] On August 14, 2020, the Defendant driven a BM5 car at approximately 12 km from the commercial influence of the Sinsan-si in the middle of a restaurant located in Yansan-si to the front side of the BM5 car, while under the influence of alcohol level of 0.131% during blood transfusion at around 23:55.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports on the statement of the situation of drivers who are placed in driving (report on the situation of drivers who are placed in driving) and notification of the results of regulating drinking;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports (Attachment to the same type of force);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the selection of punishment for imprisonment, etc.

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. For the reasons of sentencing under Article 62-2 of the Criminal Act of the community service and order to attend a lecture, the driving of alcohol for the reasons of sentencing under Article 62-2 of the Criminal Act is a serious criminal that threatens the life, body, and property of other persons as well as his family members, and the crime committed in the state of high alcohol concentration (0.131%) during blood at the time of the instant case, such as the poor quality of the crime such as driving in the state of high alcohol content (0.131%) the same criminal record and two times, which are disadvantageous to the Defendant, and the Defendant led to the confession and reflect of the instant crime, and there is no personal and physical damage due to the instant crime, and there is no record of criminal punishment exceeding the fine, as a whole, a comprehensive consideration of various sentencing conditions set forth in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, driving distance, and the circumstances after the crime