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 7, 2011, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 7, 201, and a fine of KRW 700,000 for the same crime at the same court on April 10, 2009.

【Criminal Facts】

On March 25, 2020, the Defendant driven a Cromatic vehicle in the state of alcohol alcohol concentration of 0.116% at the G apartment parking lot in Seongbuk-si B apartment on March 25, 202.

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 records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of criminal records of the same kind of suspect);

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 and the defendant committed a second offense after having been sentenced several times of drinking driving, and the occurrence of a traffic accident while driving under drinking.

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 the physical damage occurred due to a traffic accident only, the damage has been restored, the fact that the person has been sentenced to a fine before drinking, the fact that there is no previous conviction, and the driving distance is short, the sentence of a sentence against the defendant 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.