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 September 25, 2015, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 1,00,000 as a crime of violation of the Road Traffic Act, and KRW 2,00,000 as a fine at the Suwon District Court on August 13, 2018.

【Criminal Facts】

On November 21, 2019, at around 00:10, the Defendant driven Bco or car under the influence of alcohol with a blood alcohol concentration of 0.110% from a distance of about 100 meters from the back side of the water viewing to the front side of the water viewing.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of records of measurement of drinking alcohol and results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes of two copies of summary order;

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. 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 twice due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration of the instant case is not low.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime, the occurrence of a traffic accident, the fact that all of the above drinking departments are punished by a fine, and there is no particular criminal conviction, it is judged that the sentence of the defendant's punishment 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.