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 3, 2015, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act in the Gyeyang Branch of Suwon District Court on April 3, 2015, and on February 18, 2019, the Defendant was issued a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Gyeyang Branch of Suwon District Court.

【Criminal Facts of Crimes】 around 00:28 September 20, 2019, the Defendant driven a D U-A4 car in the state of alcohol with a blood alcohol concentration of 0.093% from around 00:30 meters from the front road of Suwon-si, Suwon-si to the front road of the same day to the front road of the same Gu C at around 00:30 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver, a statement of the situation, a report on the results of measurement, etc.;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on confirmation 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 was that the defendant had been punished twice due to drunk driving, but he/she again driven a motor vehicle.

Even though the last period was not passed by several months, recidivism was made.

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 accidents, all of the above criminal records are punished by a fine, the fact that there is no other criminal records, the driving distance is short, etc., the sentence of a sentence on 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.