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 January 22, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million at the Suwon District Court for a crime of violation of the Road Traffic Act. On April 6, 2011, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million at the Suwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 18, 2020, at around 06:05, the Defendant driven Cpoter II truck under the influence of alcohol leveling 0.083% from the section of about 5km from the section of about 0.5km to the cpoter in the direction of the cpoter, Jung-gu B apartment in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, to the cpool-si, Youngwon-si, Youngwon-si, Gyeonggi-si, the Gpo

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less 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, and application of Acts and subordinate statutes attached to two 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 twice due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration 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 traffic accidents, and the fact that there is no criminal record except the same kind of fine, 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.