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

[criminal history] The Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act in the Youngcheon District Court’s monthly support on January 22, 2016, and was sentenced to a fine of seven million won for the same crime by the Incheon District Court on June 26, 2017.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on two or more occasions, Defendant 2 driven C-e-sports vehicles under the influence of alcohol concentration of approximately 0.25% in the section of approximately 150 meters, from May 15, 2017 to around 15, 2017, at the Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 138-ro 21 to the same household.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, and field photographs;

1. A survey report on actual conditions;

1. Report on the circumstances of the driving under influence and notification of the results of the crackdown on drinking driving;

1. A report on the occurrence of traffic accidents;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report accompanied by a summary order of the same kind of power);

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

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service are as follows: (a) the Defendant was exposed three times due to drinking during about one year and six months; (b) the exposed drinking level is also 0.146%, 0.229%, and 0.225%; (c) the crime of this case is going back only after the second drinking; (d) the Defendant is against the disadvantage; (e) there is no history exceeding the fine; (e) there is no history exceeding the fine; and (e) there is no distance from driving of drinking, the Defendant’s age, sex behavior, environment, motive and circumstances after the crime, etc. shall be considered as favorable circumstances; and (e) the sentence shall be determined as per the order, taking into account all the sentencing conditions, such as the Defendant’