A defendant shall be punished by imprisonment for a term of one year and three 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] On August 4, 2009, the Defendant was issued a summary order of KRW 5 million by the Seoul Western District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 6 million by the Seoul Western District Court on February 14, 2013.

【Criminal Facts】

Despite the fact that the Defendant violated the provision on the prohibition of drunk driving, the Defendant driven a D-hurd-hurd-hurd-hurged-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-hurg-h

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Materials output of a drinking-free measuring instrument;

1. Previous convictions indicated in judgment: References to criminal records, references to criminal records, reports on the results of confirmation, and applications of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 on orders to provide community service and attend lectures has the record of being punished two times or more by drinking driving, and the punishment provision for drinking driving has been strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., and there is a need for severe punishment in that the Defendant was making the instant drinking driving.

However, the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished for a suspended sentence or more yet, and that the sentencing conditions on the records, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., are the conditions of punishment as shown in the records.