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 December 24, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 24, 2009, and on April 6, 2018, the same court was sentenced to a fine of KRW 8 million as a violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 12, 2019, at around 06:57, the Defendant driven C QM6 car volume in approximately two kilometers from the front of the White Cancer Office located in 189, a 0.09-ro in the wife population, in the state of alcohol of 0.07%, to the front road of the same Gu B.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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 records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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 since June 25, 2019, the penal provision for drinking driving has been strengthened, and the defendant was also able to easily understand the above circumstances through the media, and there is a need for strict punishment in that he/she was engaged in drinking driving.

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