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 March 17, 2009, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 6, 2019, the Defendant, while under the influence of alcohol on 0.136% of the blood alcohol concentration, driven a B-hand car in the section of approximately 2 km from the roads near the Hancheon-dong Suwon-ro 30-ro 107 Egypon-ro 107, the same city-gypon-ro 30-ro, Hongcheon-gu.

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 results of the drinking driving control, and a printer;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of past records of the same kind of crime), and application of Acts and subordinate statutes of two copies of summary order;

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, even though he had been punished several times due to drinking driving, re-driving.

The blood alcohol concentration of the instant case was considerably high, and traffic accidents occurred.

The defendant has been punished several times for committing a crime of different types.

However, in light of the favorable circumstances for the defendant, such as the fact that the defendant is recognized as committing the crime, is against the fact that there is no particular damage due to traffic accident, there is no punishment heavier than a fine due to a drunk driving, and there is no punishment heavier than a fine due to the crime.

In addition, all the sentencing conditions recorded in the records of the instant case are comprehensively considered and decided as ordered in the Disposition.