A defendant shall be punished by imprisonment for a term of one year and two months.

except that 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 8, 2008, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act in the Seo-gu District Court’s Seo-Support.

【Criminal Facts】 On October 23, 2019, the Defendant driven an Esch Rexroth car from approximately 200 meters away from the 200-meter section to the front road located in C from the front of the Gyeongbuk-gun, G, in a drunken state of 0.235% of blood alcohol content on October 23, 2019.

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

Summary of Evidence

1. A written statement of the defendant in court;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, circumstantial statements of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (examination of criminal records of a suspect);

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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the Defendant, even though having been sentenced to a fine once due to drunk driving, has engaged in a drunk driving, has caused a traffic accident that conflicts with the front fence while driving under the influence of alcohol, and has high drinking level.

However, the punishment as ordered shall be determined in consideration of all kinds of sentencing conditions shown in the arguments of this case, such as the defendant's confession and mistake, the fact that there was no record of punishment after around 2008, the distance of drinking driving is short, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.