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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On August 22, 2018, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Suwon District Court.

【Criminal Facts】

On December 23, 2019, at around 23:55, the Defendant driven a F low-speed car while under the influence of alcohol concentration of about 0.081% at the 1km section from the front of C, located in Suwon-si B, to the front of the Ecafeteria located in D.

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. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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 already been punished two times or more including the previous conviction in 2018, and the penal provision for drinking driving has been strengthened since June 25, 2019, and the Defendant was also able to easily understand the aforementioned circumstances through the media, and there is a need for severe punishment in that he/she continues to engage in drinking driving of the instant case.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, there is no record that the defendant has been punished for the suspension of execution or more for the same kind of crime, and other various circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.