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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 7, 2015, the Defendant issued a summary order of KRW 6 million at the Suwon District Court for a crime of violation of the Road Traffic Act.

Nevertheless, at around 21:20 on May 24, 2020, the Defendant driven a DNA car at a section of about 1 km up to the front day of the gas station located in Cheongsi-ro 236 Osan City, Cheongsi-ro 236 on the same day at the Osan-si parking lot of 0.114% of blood alcohol concentration.

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 in judgment: Application of criminal records and summary order statutes;

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 re-driving a motor vehicle even though he/she had been punished once a suspended sentence due to drinking, etc.

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

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing the crime, the fact that the physical damage occurred only due to traffic accident, the fact that the damage was restored, the fact that the criminal record was the one of 2003 years prior to the suspension of execution, the fact that there was no criminal record other than the drinking prior to the drinking, and the support for his family, the sentence of the

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