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 October 11, 2013, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Ansan District Court’s Ansan Branch for a crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes】 On January 15, 2020, the Defendant driven a C-D motor vehicle under the influence of alcohol level of about 0.149% at a distance of about 10 meters in the parking lot located in Sung-si B, Sung-si.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

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: 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 re-driving a motor vehicle even though he/she had a majority of punishment for drinking.

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 and is against the law, all of the fines before and after drinking, the fact that there is no previous conviction after 2013, the driving distance is very short, and only minor physical damage occurs due to traffic accident, 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.