A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to a fine of KRW 1.5 million on January 18, 2008 to a fine of KRW 1.5 million on the ground of a violation of the Road Traffic Act (driving) in the Suwon District Court and the Suwon District Court on January 18, 2008, KRW 3 million on the same charge in the same court on March 26, 201, and a fine of KRW 5 million in the same court on April 27,

【Criminal Facts】

On May 7, 2020, at around 23:50, the Defendant driven a clater’s car while under the influence of alcohol concentration of 0.09% from the distance from the hand-over distance of Suwon-si, Suwon-si to the front day of Suwon-si, Suwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Records of measurements, etc.;

1. Previous convictions: Application of Acts and subordinate statutes concerning 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 Code of the community service order was that the Defendant re-driving a motor vehicle even though he/she had a majority of punishment for drinking.

The blood alcohol concentration of the instant case is not low.

However, in light of the circumstances favorable to the defendant, such as the fact that the defendant is recognized as committing a crime, the occurrence of a traffic accident, the fact that all of the past drinkingouts have been punished by a fine, but there are little severe criminal records after 1996, the sentence of a sentence against 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.