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 23, 2006, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seocho District Court’s Seocho Branch on January 23, 2006, and on January 11, 2010, the Defendant received a summary order of KRW 3.5 million for a crime of violation of the Road Traffic Act (driving) from the Sungnam Branch of the Suwon District Court.

【Criminal Facts】

On 01:40 on 13, 2020, the Defendant driven a Category C-D car under the influence of alcohol content of about 0.063% at a distance of about 10km from the right-side to the road located in the 1140-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on-on

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and copies of summary order Acts and subordinate statutes shall apply;

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.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the blood alcohol concentration level is not high, the traffic accident did not occur, the criminal record of the above drunk driving was 2006 and 2010, and there are no particular criminal records, the sentence of the defendant's 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.