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 21, 2010, the Defendant issued a summary order of KRW 3 million at the Changwon District Court for a crime of violation of the Road Traffic Act, and KRW 3 million for the same crime at the Gwangju District Court on June 22, 2016.

【Criminal Facts】

On July 22, 2019, the Defendant driven a motor vehicle B in the state of alcohol with a blood alcohol concentration of 0.074% from the influent area (hereinafter referred to as the "PY") to the water viewing road located in the same Dong from the unfluent area (hereinafter referred to as the "PY") to the water viewing road located in the same Dong.

As a result, the defendant violated the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. Previous convictions indicated in judgment: References to criminal records, references to criminal records, reports on the results of confirmation before each disposition, and application of Acts and subordinate statutes governing each summary order;

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 fact that the Defendant, even though having been punished for driving under the influence of alcohol in 2010 and 2016, once he/she again drives under the influence of alcohol. Since June 25, 2019, the penal provision for drinking driving was strengthened, and the Defendant, even though he/she could have easily contact with the aforementioned circumstances through the media, there is a need for severe punishment.

However, the defendant recognized the crime of this case and divided his mistake, the defendant has no record of punishment heavier than a suspended sentence due to the same kind of crime, and the defendant's age, character and behavior, environment, etc. are considered in consideration of various circumstances, which are the conditions of sentencing as shown in the records, shall be determined as ordered.