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 February 18, 2013, the Defendant was sentenced to a suspended sentence of one year for six months by imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Incheon District Court.

【Criminal Facts】

On March 29, 2020, around 02:30, the Defendant driven D Coin truck with approximately 0.135% alcohol concentration in the section of approximately 1km in the front of Michuhol-gu Incheon, Incheon, the roads near the Michuhol-gu Incheon B market.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Inquiry reports on criminal records, etc., investigation reports, and application of statutes on judgments;

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. Article 53 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Although there are many kinds of records of punishment for drunk driving, the defendant was driving under the influence of alcohol again, and the accident was also caused.

The blood alcohol concentration measured is high.

A favorable condition: A motor vehicle comprehensive insurance has been subscribed, and the same criminal records are seven years prior to that.