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 June 8, 201, the Defendant was issued a summary order of 1.5 million won by the Seoul Central District Court to a fine for a violation of the Road Traffic Act (driving). On April 27, 2012, a summary order of 1.5 million won by a fine from the Suwon District Court to the same crime, and on July 25, 201, a summary order of 6 million won by the Incheon Central District Court to the same crime.

【Criminal Facts】

On September 26, 2019, at around 00:10, the Defendant driven an E-bred motor vehicle with a blood alcohol concentration of about 0.108 percent in the section of approximately 1 kilometer from the front of the C in the same city to the front of D in the same city C.

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, reply reports, investigation reports, 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 lies in the records that the Defendant was punished for drinking under the influence of alcohol in 2011, 2012, and 2014. Since June 25, 2019, the penal provision for drinking driving has been strengthened, and the Defendant was also able to easily understand the aforementioned circumstances through the media, etc., and there is a need for a strict punishment in that he/she was a drinking under the influence of alcohol.

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