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

The facts charged were appropriately revised to the extent that it does not infringe the defendant's right of defense.

On October 16, 2006, the Defendant was sentenced to a fine of KRW 4.5 million by the Incheon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 7 million by the same court on December 14, 2011.

On October 9, 2020, at around 01:26, the Defendant driven a B Coin car under the influence of alcohol level of about 15 km from the West-dong, Incheon, Seo-gu to the shooting distance in the Seo-gu, Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures: The Defendant, even though having been punished by a fine of three times by putting the same kind of crime, is driving in the state of drinking alcohol concentration of 0.114% at the time, and the social harm of drinking driving and the purpose of strengthening the relevant penal provision, etc. are not less complicated.

A favorable circumstance: The defendant acknowledges a crime, and the defendant does not repeat the crime, such as selling the vehicle and receiving treatment for the symptoms of abuse of alcohol.

The occurrence of a traffic accident has not occurred.

There shall be no electricity exceeding a fine.

The above circumstances and the defendant's age, character and conduct, environment, motive, means and result of the crime, and after the crime.