A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On September 12, 2007, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On June 4, 2020, at around 20:03, the Defendant driven an Efluor vehicle while under the influence of alcohol at approximately 0.152% of the blood alcohol concentration at the section of approximately 1.5km from the Do in front of the “C cafeteria” in Jungung-gun B, Goung-gun to the front of D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, survey report on the actual condition of drinking driving, and on-site evidence and photograph of a traffic accident as a result of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a history of criminal punishment due to drunk driving, has again caused an accident that causes an accident that causes the malfunction of the polluted part while driving in the opposite lane while driving under the influence of alcohol. The risk is very high.

However, under the circumstances such as the defendant's attitude to reflect in depth on his mistake, the defendant's attitude also complaining against the defendant's attitude to keep the defendant from driving alcohol, there are no criminal records other than the previous conviction in the judgment, and the economic form is not good, the defendant's age, character, character, environment, criminal records, circumstances and results of the crime of this case, etc., the punishment as ordered shall be determined by taking into account various factors of sentencing as shown in the records, such as the following circumstances after the crime.