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

[criminal power] On July 4, 2012, the Defendant had a total of six times of violation of the Road Traffic Act (driving) including that sentenced to six months of imprisonment by the Suwon District Court on July 4, 2012.

【Criminal Facts】

On March 27, 2020, at around 22:10 on March 27, 2020, the Defendant driven a C-to-purd vehicle with a blood alcohol concentration of about 0.237% under the influence of alcohol at a section of about 500 meters from the day-to- day of Gyeonggi-do to the front road of the same Gu BGra.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

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 records: Criminal records, investigation reports (Attachment of the same kind of judgment for a suspect driving under the influence of alcohol), and application of a copy of judgment;

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 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including a probation order, an order to attend a lecture, and an order to provide community service, was for the defendant to drive a motor vehicle again even though he/she had been punished once by drinking, etc.

The blood alcohol concentration of this case is very high and traffic accidents occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the criminal record of the above punishment is in the year 2012, there is no criminal record, there is only physical damage due to traffic accident, the damage was recovered, support for the family is supported, etc., the sentence of the defendant's punishment is considered harsh.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.