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 April 18, 2012, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court on April 18, 2012, and on April 9, 2015, the same court was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act.

【Criminal Facts】

On September 17, 2019, at around 23:54, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.112% in a section of about 300 meters from the front of the building B in Gyeonggi-si, Gyeonggi-do, to the front road of the same Gu C apartment.

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. Written reply and written appraisal;

1. Previous records of judgment: Criminal records, investigation reports, summary orders, and application of Acts and subordinate statutes of two copies of judgment;

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 twice due to drunk driving and one-time licenseless driving, but the degree of blood alcohol level is not lowered.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime, the occurrence of a traffic accident, the fact that the above criminal record has not occurred, all of the previous criminal records are punished by a fine, and there are no other criminal records, 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.