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

On December 10, 2007, the defendant issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act at the Sungwon District Court's Sungnam branch on December 10, 2007, a summary order of 1 million won of a fine at the Suwon District Court on December 26, 2008, and a summary order of 1.5 million won of a fine at the Suwon District Court on November 6, 2009 for a violation of the Road Traffic Act.

Nevertheless, at around 23:10 on June 15, 2020, the Defendant driven a car in a manner under the influence of alcohol of about 0.092% of blood alcohol concentration from the 2km section from the front corner to the front corner of the week where the Defendant becomes aware of the trade name in the Howon-si Ho-si Ho-si, Suwon-si, Suwon-si.

As a result, the defendant, even though he had been punished for a drunk driving, has re-driving and violated it 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. Before judgment: Application of three copies of criminal records and summary order under the 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 several times due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration of the instant case is not low.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime, the occurrence of a traffic accident, and the fact that all the drinking exclusively was punished before 2010, and there are no other criminal records, 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.