A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On August 28, 2007, the Defendant was sentenced to a suspended sentence of ten months for a crime of violating the Road Traffic Act, etc. in the Chuncheon District Court's original branch on August 28, 2007, and the Defendant was issued a summary order of 1.5 million won for the same crime in the same court on July 3, 2015.

On March 29, 2019, at around 20:30, the Defendant driven CMW car in the state of alcohol 0.135% of blood alcohol concentration from approximately 7km section from the front of a restaurant in the mutual and American city in Gyeyang-gu Incheon, Gyeyang-gu, Incheon to the front of the Seo-gu in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Investigation report (report on confirmation of criminal records of the same kind of crime as a suspect, - One copy of summary order and one copy of search of related cases);

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is the very high rate of recidivism.

Considering the fact that the statutory penalty has been continuously aggravated due to serious social harm caused by drinking driving and changes in the legal sentiment of the general public, there is a need to strictly punish the drinking driving crime.

D. Unfavorable circumstances: The crime of this case committed again with the record of punishment for drinking driving two or more times, but the statutory penalty for the crime of this case is imprisonment with prison labor for not less than one year but not more than three years, and the lower limit of the applicable sentences is up to one year.

At the time of driving under the influence of alcohol in this case, the blood alcohol concentration was relatively high by 0.135%, as well as the traffic accident occurred.

except that vehicles shall be covered by comprehensive insurance.