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 July 18, 2008, the Defendant issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Suwon District Court and KRW 4 million as a fine in the same court on March 19, 2014, respectively.

【Criminal Facts】

At around 21:00 on March 19, 2020, the Defendant, while driving a Daco or car with a blood alcohol concentration of about 0.126% at a distance of about 2 km from the area near the C Middle School located in Suwon-gu, Suwon-si to the network flow distance of the same Gu, the Defendant committed a violation of the Road Traffic Act (driving) at least 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: Criminal records, list of related cases, 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, even though he had been punished several times due to drinking driving, re-driving.

The blood alcohol concentration is not low, and traffic accidents have occurred.

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 only minor physical damage has occurred due to traffic accidents, the fact that all of the fines are criminal records before drinking, and there are no special criminal records, 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.