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 January 22, 2010, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a violation of the Road Traffic Act, and a summary order of KRW 3 million by the same court on November 18, 2014, respectively.

【Criminal Facts】

On October 24, 2019, at around 18:18:18, the Defendant driven a DNA X-sports car in the state of alcohol alcohol concentration of approximately 0.165% from the section of approximately 1km from the road near the Northern Span of Doktan to the shooting distance in the front of the Chigh School located in Masung City B.

As a result, the Defendant violated the regulations on the prohibition of drunk 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 control of drinking driving;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-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 sentencing under Article 62-2 of the Criminal Code of the community service order was that the defendant had been punished twice due to drunk driving, but he/she again driven a motor vehicle.

The blood alcohol concentration of the instant case is considerably 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 occurrence of traffic accident, the fact that the traffic accident did not occur, the person who was sentenced to a fine was sentenced to a fine, and there was no other significant penalty except that, 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.