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 January 16, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on January 16, 2009, and a fine of KRW 2.5 million for the same crime at the same court on July 23, 2010.

【Criminal Facts】

On December 31, 2019, at around 02:12, the Defendant driven an E G80 vehicle while under the influence of alcohol concentration of about 0.077% from the section of approximately 1km from the front of the B apartment located in Sungsung City to the front of D in the same city as D in the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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, even though he had been punished several times due to drinking driving, re-driving.

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 the traffic accident did not occur, the last criminal record is a fine of 2010, the last criminal record is a 2010 year, and there is no particular criminal record, 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.