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

[Criminal Power] On June 27, 2017, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On April 28, 2020, at around 02:06, the Defendant driven a FM6 car under the influence of alcohol concentration of about 0.203% from a distance of about 150 meters from the front day of the restaurant C in Daejeon-gu B to the front day of the E-way in the same Gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol in violation of Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. For the accused's legal statement, statement, circumstantial statement, photograph of the accident site of the driver detection report, and previous records in the judgment on the 112 Report Handling Table: Application of criminal records, etc. and 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. 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 punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act shall provide that a person who has driven under the influence of alcohol at least twice shall be punished by imprisonment with prison labor for not less than two years but not more than five years (at least one year but not more than two years and not more than six months, even if the person is subject to discretionary mitigation);

The defendant has a record of being punished by a fine due to drunk driving, as stated in the criminal records.

Blood alcohol concentration is very high to 0.203%.

Circumstances favorable to the defendant: There shall be no criminal records subject to a suspended sentence of imprisonment or heavier punishment for the same crime.

The crime of this case is recognized and reflected.

In addition, the Criminal Act, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.