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 September 15, 2014, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Jeonju District Court on September 15, 2014 as well as two previous cases.

【Criminal Facts】

At around 00:00 on September 19, 2020, the Defendant: (a) even though he had a alcohol record as above, but was under the influence of alcohol with a blood alcohol concentration of 0.079%; (b) from the parking lot in Suwon-si B market in Suwon-si, to the front road located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant borrowed a car from the 1km section.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification of the control of drinking driving, etc.;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and other 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. Although the reason for sentencing under Article 62-2 of the Criminal Act on the grounds of sentencing orders and orders to attend a community service and orders to attend a lecture had been punished twice or more, the pertinent drinking driving was conducted at the same time, and considering the risk of drinking driving to many and unspecified persons and the purport of the amendment of the amended law whose statutory penalty is raised, the nature of the relevant crime is not weak.

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