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 27, 2007, the Defendant issued a summary order of KRW 700,000,000 as a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 2 million as a fine in the same court on March 29, 2013, respectively.

【Criminal Facts】

On May 24, 2020, the Defendant driven an Epic vehicle while under the influence of alcohol of about 0.098% of blood alcohol concentration from the C cafeteria located in the wife B to the D Station B from May 24, 2020 to the D Station.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order 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 Act is that the Defendant was punished twice by a fine due to drunk driving, and the blood alcohol concentration level at the time was also reasonable. Considering 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, that there is no previous conviction other than the above previous one, and that the accident does not lead to a multi-accident, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, circumstances of driving, distance, drinking volume, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.