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.

Punishment of the crime

[criminal power] On June 2, 2017, the defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 25, 2019, at around 21:23, the Defendant driven a motor vehicle B with low alcohol level of 0.173% under the influence of alcohol level from approximately 12 km section to the roads in front of the 224 repiced, Seocheon-si, Nam-gu, Incheon Metropolitan City.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Request for appraisal and report on the status of the driver, and response to a request for appraisal;

1. Previous convictions in judgment: Criminal history records, reply reports, and application of statutes in one copy of judgment;

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 of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the crime not only can the life of a person but also take another person's life, and the crime is not good, and the defendant's blood alcohol concentration was considerably high, etc. are disadvantageous to the defendant.

However, in light of the fact that the defendant recognized the crime of this case, there is no same punishment power, and there is no punishment power exceeding the fine, etc. in addition to the judgment once, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined as ordered by comprehensively taking into account all the factors of sentencing, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., and the execution of the punishment shall be suspended only once.