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 December 21, 2007, the Defendant received a summary order of KRW 3 million from the Suwon District Court to a fine of KRW 2 million for a violation of the Road Traffic Act. On March 27, 2009, the Defendant received a summary order of KRW 3 million from the Suwon District Court to a fine of KRW 3 million for a violation of the Road Traffic Act.

【Criminal Facts】

On April 6, 2020, at around 23:10, the Defendant driven a C low-est car under the influence of alcohol content of about 0.193% at a distance of about 1.2 km from the front of the movie circuit site in Suwon-si, Suwon-si to the front of Suwon-si, Suwon-si, Suwon-si, to the front of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written appraisal of blood alcohol;

1. Previous convictions in judgment: Criminal records, investigation reports (previous records and confirmations of suspects), 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.

The blood alcohol concentration of this case is very high, and traffic accidents occurred.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime, the minor physical damage caused by a traffic accident, the damage was recovered from the damage, the drinking prior to drinking in 2007 and 2009, and the other fact that there is no significant punishment due to a different type of crime, etc., the sentence of the defendant's imprisonment 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.