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 May 23, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 9, 2020, at around 05:55, the Defendant driven a Flux car in the state of alcohol alcohol concentration of about 0.118% from the 4km section from the front of C in Chuncheon City, to the front of E in Chuncheon City, the Defendant was under the influence of alcohol level of about 0.4km.

Accordingly, the defendant violated the prohibition of driving under the liquor more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Examination report on actual condition, report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. On-site photographs;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to the same type of electric records, etc.);

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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures causes a traffic accident in which the Defendant, even though he had the record of criminal punishment twice due to drunk driving, was engaged in a drunk driving and brought about a parked vehicle, and the nature of the crime is not good, and the Defendant’s blood alcohol concentration level is considerably high.

However, considering the fact that the defendant would not drive under the influence of alcohol again while disposing of the vehicle, the criminal records related to the driving under the influence of alcohol of the defendant are punished by a fine on or around 199 to 2008, and the defendant has no particular criminal records other than the fine, etc.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.