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 November 14, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Suwon District Court on November 14, 2012, and was issued a summary order of 1.5 million won by the same court on June 12, 2014.

【Criminal Facts】

On November 16, 2019, the Defendant, as a person who violated the regulations on the prohibition of drunk driving, drives a FSP car in the state of under the influence of alcohol 0.102% of alcohol alcohol level from the front of the “C” in Suwon-si B, Suwon-si, to the front of the “E” located in D in Suwon-si, Suwon-si, Suwon-si, the Defendant driven a FSP car in the state of under the influence of alcohol level of about 2km.

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 convictions indicated in judgment: Criminal history records, inquiry reports (A), and application of 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 the history of having been punished two times or more, and the penal provision for drinking driving was 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 to impose severe punishment in that the Defendant was able to drive the instant drinking, and that the blood alcohol concentration at the time of drinking driving is not low.

However, considering 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 stay of execution or more yet, and that there is no record of punishment for the defendant, and other various circumstances that form the conditions of sentencing as shown in the record, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc