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 December 8, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Southern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1.5 million for the same crime on May 12, 2014.

【Criminal Facts】

On April 3, 2020, at around 01:00, the Defendant driven a DMW car at a distance of about 350 meters from the day before the Kju shop located in the same Gu to the front road of the Cju shop located in the same Gu, while under the influence of alcohol of about 0.168%.

Accordingly, the defendant violated the regulations prohibiting drinking driving more 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: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 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 truth, both of the departments of drinking alcohol are punished by a fine, and there are no other criminal records except, the damage was recovered due to the occurrence of physical damage due to traffic accident, and support for the family by negligence, etc., the sentence of the sentence of 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.