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

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

[criminal history] On July 17, 2014, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment for a violation of road traffic law at the Ulsan District Court on July 25, 2014, and the judgment became final and conclusive on July 25, 2014.

[2] On June 18, 2020, the Defendant driven E Q90 vehicles while under the influence of alcohol concentration of about 0.078% in blood at approximately 300 meters from the front roads in Pyeongtaek-si B to the roads adjacent to D in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and of a report on investigation (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing grounds under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend a lecture, and all of the sentencing factors indicated in the instant pleadings, including the following circumstances and the Defendant’s age, sex, criminal conduct, environment, family relationship, motive for the crime, means and consequence of the crime, shall be comprehensively considered, and the sentence shall be determined as ordered.

The normal circumstances that are favorable to the driving of the vehicle without being sentenced to a suspended sentence of imprisonment due to the repeated driving of alcohol in 2009 are already subject to a fine twice or more due to the driving of the vehicle in 2009, and the normal circumstances that are favorable to the driving of the vehicle in 2014 are recognized as crimes and reflects on the fact that the level of alcohol level in the blood was relatively high at the time of detection, there is no circumstance that the level of alcohol level in the blood was found at the time of detection, and there is no circumstance that the risks of driving due to the fact that the vehicle was exposed to the control of simple drinking, and the recidivism after a certain time has elapsed from the time