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 April 13, 2012, the Defendant issued a summary order of KRW 4 million by the Suwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 4 million by the same court on February 27, 2015, respectively.

【Criminal Facts】

At around 22:10 on May 20, 2020, the Defendant driven the EM5 car from approximately 800 meters section from the front of the KCAC to the front of the KCAD, in the state of under the influence of alcohol of 0.156% of blood alcohol concentration.

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 indicated in judgment: Criminal records, each disposition and the results of confirmation, and application of each summary order 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 twice due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration of the instant case is very high.

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, the fact that all of the past drinking departments are punished by a fine, 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.