A defendant shall be punished by imprisonment for a term of one year and four 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

On October 29, 2014, the Defendant was sentenced to a fine of six million won by the Suwon District Court for a violation of the Road Traffic Act.

On June 16, 2019, at around 12:09, the Defendant driven a CTB car in the state of alcohol alcohol concentration of about 0.273% in a section of about 90km from the front of the Suwon-si, Suwon-si, Suwon-si to the 115.8km away from the 12:09-gu, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do to the 115.8km point.

Accordingly, the defendant was driving a motor vehicle in violation of 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. The blood alcohol concentration recorded paper;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 Code of the community service order was that the Defendant, even though he was punished for drunk driving, re-driving the vehicle.

The blood alcohol concentration in the instant case is very high, driving distance is very high, and in light of the regulatory background, the risk was determined to have occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, the occurrence of a traffic accident, and the absence of any special criminal record other than the above drunk driving, 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.