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 September 1, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 1, 201, and was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on July 14, 2016.

【Criminal Facts of Crimes】 On September 20, 2020, the Defendant driven a F bargaining car under the influence of alcohol level of about 0.155% from a section of about 100 meters from the front of a restaurant in Gyeyang-gu Incheon Gyeyang-gu to the front day of the E Park in Incheon Gyeyang-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports, and statutes, such as criminal records;

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. The Defendant, who is disadvantageous to the reason for sentencing under Article 62-2 of the Criminal Act, was punished by a fine due to drunk driving, etc. in 2010, and was punished by a fine due to drinking driving in a relatively recent year in 2016, but again committed the instant crime of drinking driving. The possibility of criticism is high.

The defendant's blood alcohol concentration is very high.

The defendant's mistake is recognized in favor of the favorable normal defendant.

There is no record of punishment except for those subject to punishment as stated in criminal records in the judgment of the accused.

In addition, the punishment as ordered shall be determined in consideration of the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime was committed, etc.