A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On February 9, 2012, the Defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspension of execution for a violation of the Road Traffic Act, etc. at the Goyang Branch of the Jung-gu District Court on February 9, 2012, and was sentenced to a fine of 3 million won or more for a violation of the Road Traffic Act at the Seoul Eastern District Court on June 11, 2010.

On October 27, 2013, the Defendant was under the influence of alcohol content of 0.142%, and around 20:15 on October 27, 2013, the Defendant driven CK7 car at a section of about 10km from the Do before the mid-gu Incheon Metropolitan City Do to the airport third-way road located in the Jung-gu Incheon Metropolitan City Do.

Summary of Evidence

1. Statement by the defendant in court;

2. Inquiry the results of the drinking driving control;

3. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

1. Relevant legal provisions concerning the facts constituting an offense, and Articles 148-2 (1) 1, and 44 (1) of the Road Traffic Act of the option of punishment;

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

3. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the instant crime even though he/she had been punished several times due to drinking driving in the past, the drinking driving is likely to cause serious human and physical harm, and the fact that the crime is bad, is an element for sentencing unfavorable to the defendant.

On the other hand, it is an element of sentencing favorable to the defendant, such as the fact that the defendant recognizes and reflects all the facts charged in the instant case, the fact that the defendant suffers from a yellow disorder and has family members to support.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.