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

Punishment of the crime

On September 20, 201, the Defendant was sentenced to a suspended sentence of two years for the six months of imprisonment with prison labor due to a violation of the Road Traffic Act at the District Court of Jung-gu on September 20, 201, and the judgment became final and conclusive.

On July 18, 2020, at around 04:12, the Defendant driven a rocketing car with approximately 50 meters water from B apartment stores to the roads adjacent to the above apartment site, while under the influence of alcohol level of 0.17% during blood alcohol level.

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. Report on the status of running a motor vehicle under consideration, report on the status of operating a motor vehicle under consideration, report on the status of a motor vehicle under consideration, investigation report, and photographs at the scene at the time of crackdown;

1. A statement on criminal records, etc., report on the results of dispositions, previous records, results of confirmation, and application of Acts and subordinate statutes of the judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period from one year to two years and six months;

2. No sentencing criteria shall be set;

3. The Defendant, who had been sentenced to a suspended sentence of imprisonment on two occasions around 200, and around 2005, committed a violation of the Road Traffic Act (driving) on or around 2009, committed a violation of the Road Traffic Act (Refusal of measurement) around 2009, and committed a crime of violation of the Road Traffic Act (driving) around 201.

However, taking into account the fact that the interval between the last penal power and the instant penal power is nine years, the driving distance per se does not exceed 50 meters, and the Defendant appears to have lived faithfully with his own without any punishment power after around 2011, the enforcement of imprisonment with labor shall be suspended again.

In addition, the age, character and conduct, family relationship, motive and means of crime, and after the crime.