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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 22, 2006, the Defendant issued a summary order of KRW 2 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on July 17, 2015, to a fine of KRW 5 million from the Daejeon District Court’s Incheon District Court’s Support for the same crime.

Nevertheless, at around 08:41 on June 7, 2020, the Defendant driven D SP car while under the influence of alcohol with approximately 1.5 km alcohol concentration of about 0.195 % from the front road of the G in Sung-si to the front road of C.

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 in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 Social Service Order was that the Defendant had been punished several times due to drunk driving, but he/she re-driving.

The blood alcohol concentration of this case is very high, and traffic accidents occurred.

The defendant has been punished several times for committing a crime of different types.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime and is against the law, that there is no particular damage due to traffic accident, and that there is no criminal record exceeding the fine, 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.