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 2, 2007, the defendant was issued a summary order of 1.5 million won by the Suwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of 2.5 million won by the same court on July 3, 2009 to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 15, 2019, at around 23:58, the Defendant driven a E-high-speed car with approximately 300 meters alcohol concentration of 0.199% under the influence of alcohol from the front road of the C parking lot located in C, in the e-mail B to the front road D.

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 has the history of having been punished twice or for drinking, and since June 25, 2019, the penal provision for drinking driving was strengthened, 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 blood alcohol concentration at the time of drinking driving is high.

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