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

On November 13, 2013, the Defendant was issued a summary order of one million won for a violation of the Road Traffic Act at the Suwon District Court, which became final and conclusive on January 30, 2014. On September 17, 2014, the Defendant issued a summary order of five million won, including the same offense, at the same court, and became final and conclusive on November 6, 2014.

On November 28, 2019, at around 23:20, the Defendant driven C Aburgn-turgn-turged vehicle with approximately KRW 7 km from the Do adjacent to the Simp-dong Manm-gu Manm-dong, Suwon-si to the front road in the same Sim-Gu B, while under the influence of alcohol of about 0.064%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Notification of the control of drinking driving;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to a summary order of the same kind of power), - Application of two Acts and subordinate statutes attached to the judgment;

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