A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On December 13, 2006, the Defendant received a fine of KRW 700,00 from the Incheon District Court Branch of the Incheon District Court as a crime of violating the Road Traffic Act (driving).

피고인은 2020. 10. 26. 17:40 경 파주시 금촌동에 있는 ‘ 금 촌 역 경의 중앙선’ 부근 노상에서부터 같은 시 B 앞 도로에 이르기까지 약 3km 구간에서 혈 중 알코올 농도 0.125% 의 술에 취한 상태로 C 팰 리 세 이드 차량을 운전하였다.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Application of Acts and subordinate statutes in Part II to the defendant's legal statement statement, investigation report (report on the situation of the driver in charge of driving), notification of the results of crackdown on drinking driving, field photographs, response to inquiries, such as the criminal records on the report processing case list 112, and summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant had been punished twice due to the crime of drinking driving, he/she also committed the crime of drinking driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The previous drinking driving crime is more than 10 years ago and there is no record of being punished as more than a suspended sentence of imprisonment.

This is favorable to the defendant.

In addition to the above circumstances, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, family relationship, motive and circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as ordered.