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

On March 19, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million as a crime of violation of the Road Traffic Act at the Incheon District Court, and KRW 2 million with a fine of KRW 2 million with a high government district court on July 28, 2017.

Nevertheless, at around 02:27 on June 1, 2020, the Defendant driven an E rocketing car with the blood alcohol concentration of about 0.221% in the 2km section from the front of the convenience store in the C, which is located in the Ethysi B, to D.

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. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 Order of Education and the Order of Community Service was that the Defendant had been punished several times due to drunk driving, but the Defendant again driven a motor vehicle, and the blood alcohol concentration in the instant case is very high.

However, in light of the favorable circumstances for the defendant, such as the fact that the defendant is recognized as committing a crime and is against the truth, both of the punishment of a fine before drinking, and the fact that there is no other criminal record, the sentence of a sentence against 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.