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 January 2, 2013, at the Incheon District Court, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and KRW 1,500,000,000 as a fine for the same crime in Ansan Branch of the Suwon District Court on September 28, 2016.

【Criminal Facts】

At around 22:50 on September 4, 2019, the Defendant driven an Ethro-fluor vehicle at approximately 500 meters away from the ethro-si to the front of D located in the same Si in Ethro-si B, while under the influence of alcohol content of 0.17 percent.

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 the judgment: Criminal history records, repeated statements (A), investigation reports (Attachment of the previous record and summary order), - Application of two copies of summary order 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 a history of punishment for each drinking driving in 2013 and 2016. From 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 severe punishment.

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