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

On October 24, 2009, the Defendant driven a motor vehicle under the influence of alcohol level of 0.193% on October 24, 2009 and received a summary order of KRW 2.5 million on November 30, 200 as a crime of violating the Road Traffic Act (driving) from the Young-dong Branch of the Young-gu District Court.

(209 Highest 1112) On February 13, 2020, the Defendant driven D SP motor vehicle under the influence of alcohol concentration of about 0.170% at the section of about 1km from the Do in front of the Yongsan Park located in the 42-dong, Young-dong, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Seoul, to the front road of the C Hospital located in B, at around 06:55.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Criminal records indicated in the judgment: Application of criminal records, inquiry reports, and summary order-related 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 the sentencing of Article 62-2 of the Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is one of the important factors to increase the risk of traffic accidents, and thus, the frequency of accidents is high, which may cause a huge threat to not only drinking drivers themselves but also other people's lives, bodies, etc., and social damage caused by drunk driving is increased. Therefore, it is necessary to impose strict liability on drinking drivers.

As seen earlier, even though the Defendant had the record of punishment as a fine by driving under the influence of alcohol, and driving under the influence of alcohol, and committed the instant crime, and considering the risk of traffic accidents increased thereby, the Defendant’s liability is not somewhat weak.

The defendant has been punished as a fine by driving without a license only once.

However, the defendant recognized the crime of this case and took the attitude of reflecting it.