A defendant shall be punished by imprisonment for a term of one year and four 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

On March 7, 2008, the Defendant received a summary order of a fine of three million won for a crime of violation of the Road Traffic Act at the Suwon District Court on March 7, 2008, and a summary order of five million won for a crime of violation of the Road Traffic Act at the Suwon District Court on August 27, 2010, respectively.

Nevertheless, at around 19:20 on February 29, 2020, the Defendant driven an Esch-sports cargo vehicle under the influence of alcohol level of about 0.126% from the distance of approximately 2 km to D’, “C,” which is located in Syang City B, to the front of D.

Accordingly, even though there was a history of punishment for drinking driving and refusing to measure drinking, the Defendant again driven a motor vehicle and violated it 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: Application of Acts and subordinate statutes, such as criminal records, US records of disposition, results of confirmation, and summary orders to be attached;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) 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 a majority of punishment for drinking.

The blood alcohol concentration of the instant case is considerably high.

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 a traffic accident, the fact that the traffic accident did not occur, the person who was sentenced to a fine is sentenced to a fine, the fact that there was no previous conviction after 2010, the fact that he supported the mother, and the fact that he supported the mother, the sentence of a sentence imposed on 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.