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 April 29, 201, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Youngju District Court’s Youngdong Branch on April 29, 201, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) at the Suwon District Court on December 3, 2014.

【Criminal Facts】

On August 10, 2020, at around 00:30, the Defendant driven a vehicle of 16 km-hurd with C in the section of about 16 km from the influent land to the 0.095% of blood alcohol level on the same day from the influent land to the 01:05 day from the influent city B apartment parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of materials related to criminal records);

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 Act regarding the order to provide community service and attend lectures is as stated in its reasoning, even if the Defendant was sentenced to a fine twice due to drinking alcohol, and the blood alcohol concentration level at the time was not lowered. In light of the risk of the occurrence of the accident and the purport of the amendment of the Act increased by statutory penalty, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction in excess of the fine yet, and the fact that the accident does not lead to the accident, other factors such as the defendant's age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., the punishment shall be determined as ordered by taking into account various sentencing conditions shown in the records and arguments.