However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

[Criminal Power] On December 18, 2007, the Defendant received a summary order of KRW 1,50,000,000 from the Daejeon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 5, 2020, the Defendant, at around 01:40 on January 5, 202, driven a bowling-gu car under the influence of alcohol level of about 0.124% from the parking lot for apartment complex from the parking lot for the apartment complex where it is difficult to know the trade name in the Seosung-gu, Daejeon to the Daejeon Seosung-gu B apartment C-dong ground parking lot.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents, reports on the results of the control of drinking driving, reports on the circumstantial statements of drinking drivers, and photographs;

1. Previous convictions in judgment: To refer to inquiries and apply Acts and subordinate statutes of a 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

The defendant has been punished for drinking driving two times (2003, 2007).

피고인에게 유리한 사정: 이 사건은 피고인이 모임에서 술을 마시고 함께 있던 지인의 차에 타 잠을 자던 중, 대리운전기사가 피고인을 차주로 오인하고 차를 운전하여 갔고, 대리운전기사가 떠난 이후 잠에서 깬 피고인이 엉겁결에 자신의 집을 향해 차를...