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

At around 22:50 on July 9, 2020, the Defendant driven FK5 taxi at a section of about 200 meters from Jung-gu Incheon Jung-gu to the front road located in Incheon Jung-gu, Jung-gu, Incheon, while under the influence of alcohol content of 0.237%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

1. Relevant laws and the choice of punishment concerning facts constituting a crime: Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment;

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend education: The defendant had been punished for the same offense for the reason of sentencing under Article 62-2 of the Criminal Act, but re-offending was committed, and the blood alcohol concentration at the time of the instant case is high.

However, considering the fact that the defendant is against the defendant and the record of punishment of the same kind of crime is about 2005, the punishment shall be determined as ordered in consideration of all the circumstances such as the age and environment of the defendant.