A defendant shall be punished by imprisonment for a term of one year and two months.

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 15, 2008, the defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on February 15, 2008, and a fine of five million won due to a violation of the Road Traffic Act (refluence of measurement) at the Changwon District Court on July 29, 2009.

【Criminal Facts】

On January 2, 2020, the Defendant was under the influence of alcohol at around 0.196% of blood alcohol concentration at around 19:25, and was driving the E-Poter II car at around 800 meters away from the front road in Suwon-si C in front of the same Gu on the road in Suwon-si D.

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 indicated in judgment: Inquiry records into criminal records and application of Acts and subordinate statutes significantly true to this court;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order was that the defendant had been punished several times due to drunk driving, but he/she again driven a motor vehicle.

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

The defendant has been punished several times for committing a crime of different types.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the fact that there is no particular damage due to traffic accident, the fact that there is no criminal conviction exceeding the fine, the fact that it is the last day of 2009, the fact that the defendant supports the mother's relationship, the fact that the person is moving back, etc., the sentence of the defendant's sentence is 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.