A defendant shall be punished by imprisonment for a term of one year and three months.

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 November 1, 2007, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

On June 13, 2020, at around 02:40 on June 13, 2020, the Defendant driven C rocketing car under the influence of alcohol content of about 0.188% from the 2km section of approximately 2km from the front line of the trade in the middle line of Jongno-gu Seoul, Jongno-gu, Seoul to the front road of Seodaemun-gu, Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Control note;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of 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. Probation and lecture attendance order Article 62-2 of the Criminal Code requires that the defendant should be supervised so as not to drive under drinking, considering the fact that the defendant repeats drinking, and the defendant repeats drinking. In particular, probation is specifically ordered;

The circumstances under which the drinking water of this case is close to drinking, and the situation under which the 112 report was crackdownd, are poor, and the defendant is driving under drinking, even though it has long been long.

There is a history of punishment for the suspension of the execution of imprisonment with labor due to escape from accident, and even after two times, it is not easy to comply with the Road Traffic Act.

The fact that they look at is disadvantageous to the defendant, the fact that the situation or accident has not led to the accident, and the fact that they have lived without any specific criminal power for not less than 10 years, etc. shall be considered favorable to the defendant, and others.