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 September 24, 2008, the Defendant was sentenced to a suspended sentence of two months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Suwon District Court on September 24, 2008. On October 31, 2013, the same court issued a summary order of five million won as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On September 1, 2019, at around 23:30, the Defendant driven a D horse owned by the Defendant while under the influence of alcohol with approximately 0.174% alcohol concentration from the 1km section from the front of Suwon-si B to the front road of the same Gu C.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol 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 concerning criminal records and investigation reports (verification of criminal records of the same criminal records);

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 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 criminal record before the suspension of the execution of the above, the fact that there is no other criminal record except for the first criminal record of a fine due to drinking driving after 2008, and the fact that there is no other criminal record other than the criminal record after the suspension of the execution of the above sentence.

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