A defendant shall be punished by imprisonment for a term of one year and two 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 March 12, 2010, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for a violation of the Road Traffic Act (driving) and a summary order of KRW 2 million by the same court on October 12, 2017, respectively.

【Criminal Facts】

On October 27, 2019, at around 23:30, the Defendant driven a B-hand car in the state of alcohol alcohol concentration of approximately 0.041% from the 1Km section of approximately 1 Km to the front road, the court underground car located in the source of Yeongdeungpo-gu in Suwon-si, Suwon-si, Suwon-si, at around 23:42 on the same day from the street near the 1140-day transfer-on-si, Suwon-si, Suwon-si, Suwon-si.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notice of the results of the drinking driving control and a measuring record;

1. Previous records: Application of inquiry reports and investigation reports (formers and confirmations) and statutes, including criminal records;

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