A defendant shall be punished by imprisonment for one year.

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 March 9, 2007, the Defendant received a summary order of KRW 700,000 from the Suwon District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and a summary order of KRW 2,50,000 for a fine of KRW 1,00 for a violation of the Road Traffic Act at the Suwon District Court on July 18, 2008.

【Criminal Facts】

On October 28, 2019, at around 22:34, the Defendant driven B car under the influence of alcohol with approximately 0.076% alcohol concentration at a section of about 300 meters in front of the civil defense education office located in the same Dong from the Do near the Do in the Suwon-si transfer-dong of Suwon-si.

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 the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (former and previous references), and application of 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 had been punished twice due to drunk driving, but he/she again driven a motor vehicle.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the occurrence of traffic accidents, the fact that the traffic accident did not occur, both of the punishment before and after drinking, the fact that there was no significant penalty, and the fact that the blood alcohol level was not high, the sentence of the sentence against the defendant 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.