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] The Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on October 23, 2008, and a summary order of KRW 4 million for the same crime at the Suwon District Court on October 7, 2015.

【Criminal Facts】

On February 25, 2020, at around 03:10 on February 25, 2020, the Defendant driven a motor vehicle with an Escacker in approximately 1km from the D convenience store in the front of the D convenience store located in C, under the influence of alcohol of 0.095% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A output from the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 had been punished several times due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration in the instant case is not low, and in light of the details of traffic accidents, it is deemed that the risk of drunk driving significantly exceeded.

The defendant has been guilty of committing a crime of different types, even several times.

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 due to the traffic accident, and the fact that there is no criminal record after 2015, 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.