A defendant shall be punished by imprisonment for a term of one year and three 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 punished by a fine not exceeding 1.5 million won for the violation of the Road Traffic Act (driving) at the Busan District Court's Branch on February 14, 2014, and the same year

4. 21. The Suwon District Court was issued a summary order of KRW 3 million for the same crime in the Sungnam Branch of the same district court.

【Criminal Facts】

On May 27, 2020, at least 05:25, the Defendant was driving a motor vehicle of 1km with blood alcohol concentration of about 0.119% from the 1km section to the front road of the D Bank located in C from the 1km-si on May 27, 2020, and was under the influence of alcohol level of about 0.119% at least twice in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order Acts and subordinate statutes;

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the Defendant was punished twice due to drunk driving, and the blood alcohol concentration level at the time was significantly high, and the case was caused by the single accident. In light of the purport of the amendment of the amended Act, the nature of the crime is not less complicated.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction in excess of the fine, that there is no substantial damage, etc., and other factors such as the defendant's age, attitude, environment, driving circumstances, distance, drinking volume, circumstances after the crime, etc., the punishment as ordered shall be determined in full view of various sentencing conditions shown in the records and arguments.