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 July 23, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act from the Suwon District Court.

【Criminal Facts” around 03:20 on October 15, 2019, the Defendant driven a Fsch Rexroth car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.136% from the section of about 100 meters, from the front of the C Return Track-si B, to the front of the E-Irified Return Track-si D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol in violation of the prohibition of drunk driving regulations 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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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, even though he was punished for drunk driving, re-driving the vehicle.

The blood alcohol concentration of this case is considerably high, and the traffic accident occurred, and it is judged that the risk of drinking driving was significantly high.

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 damage due to traffic accident, the charge of the fine before drinking alcohol, and the fact that there is no particular punishment, the sentence of the 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.