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 January 21, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seoul Central District Court, and a fine of KRW 2 million for the same crime at the Suwon District Court on April 26, 2017.

【Criminal Facts】

On July 20, 2019, at around 03:07, the Defendant driven a car in the Ethle-do, while under the influence of alcohol with approximately 0.145% of alcohol concentration from the front of the 1km B apartment parking lot in Osan-si, Busan-si, to the front road of Osan-si Ddong.

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 records: Application of criminal records and investigation reports (previous records and attachment of judgment) and 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 Order of Education and the Order of Community Service was that the Defendant had been punished twice due to drunk driving, but he/she again driven under the influence of alcohol, and the blood alcohol concentration is considerably high.

Moreover, even if a traffic accident occurred, it was left the site without taking any particular measure.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the fact that there is no particular human and material damage due to a minor contact accident, the fact that all the above criminal records are punished by a fine, and there is no other criminal records, the sentence of a sentence on 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.