A defendant shall be punished by imprisonment for a term of one year and three 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 August 11, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 3.5 million for the same crime at the same court on July 24, 2013.

【Criminal Facts】

On July 2, 2020, at around 04:13, the Defendant driven Chovadi A6-car under the influence of alcohol with approximately 2.5 km from the 2.5km section of the land land information center, the Hanwon-gu, Suwon-si, Suwon-si, to the 89 World Cup-ro, Suwon-si, Suwon-si, the Chovadi A6-car.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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 Act on the order to provide community service and attend lectures was even when the Defendant was punished twice due to drinking alcohol, and the blood alcohol concentration level at the time was significantly high, as well as the risk of the occurrence of the accident caused by locking on the road while driving. Thus, if the statutory penalty is increased, the nature of the crime is not weak if it is added to the purport of the amendment of the Act.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine, and the fact that the accident does not lead to the accident, as well as the various sentencing conditions shown in the records and arguments, such as the defendant's age, attitude, environment, driving circumstances, distance, and the circumstances after the crime, are comprehensively taken into account.