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 November 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court's Branch on March 26, 2010 and KRW 2 million for the same crime at the Suwon District Court on March 26, 201.

【Criminal Facts】

On 01. 08. 01. 01. 01. 01. 01. 01. 01. 01. 05, the Defendant driven a D low-speed car from about 400 meters from the front side of the Heungung-gu, Gidong to the front road of the Gu apartment.

Accordingly, the defendant violated the prohibition of 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 results of drinking driving control, and output of measurement results;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as a suspect), 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 had been punished several times due to drunk driving, but he/she again driven a motor vehicle.

In light of the fact that the blood alcohol concentration in the instant case is considerably high, and in light of the regulatory background, it is deemed that the risk of drunk driving was significantly 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 fact that there is no particular damage due to the traffic accident, the fact that the punishment of the defendant is too 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.