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 record] The defendant is a person who had been convicted of having been convicted of a fine not exceeding 1.5 million won in the case of violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on November 28, 2008, including a summary order of a fine not exceeding 1.5 million won.

【Criminal Facts】

On March 13, 2020, at around 03:10, the Defendant driven B K7 cars under the influence of alcohol content of 0.103% while under the influence of alcohol content of 0.103%, in a section of approximately 500 meters from the 6-dong Administrative Welfare Center adjacent to the Dongnam Industrial Complex, which is located in the same city, to the shooting distance.

Accordingly, the defendant violated the prohibition of drinking driving 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. Previous convictions indicated in judgment: Criminal records, investigation reports (former and report on confirmation), and application of Acts and subordinate statutes governing summary orders;

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 level 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 the crime, the occurrence of a traffic accident, the fact that the traffic accident did not occur, the person who was sentenced to a fine, and the fact that there was no previous conviction since 2012, and the family members and branch members of the defendant want to leave the defendant's wife, the sentence of a sentence to 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.