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

On May 1, 2007, the Defendant was issued a summary order of a fine of one million won by the Incheon District Court for the crime of violation of the Road Traffic Act.

On December 11, 2019, at around 22:13, the Defendant driven a motor vehicle of clurst in a distance of about 6 km from the transmission details to the front road of the Shicheon-si B apartment in the Sincheon-si, the Defendant was under the influence of alcohol with 0.14% of alcohol level.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes attached to written judgments;

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. Taking into account all circumstances, such as the defendant's erroneous determination of sentencing under Article 62-2 of the Social Service Order Criminal Act, the criminal records of the defendant, blood alcohol concentration level, driving distance, etc.