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 January 4, 2008, the Defendant was sentenced to a fine of KRW 2 million by the Daejeon District Court for the violation of the Road Traffic Act.

【Criminal Facts】

On December 25, 2019, the Defendant driven a E-A-Wd-Wd-Wd-Wed-on car from around 200 meters from the front day of the packaging end of the trade name in Daejeon Pungdong-gu B to the front day of Daejeon Pungdong-gu C, while under the influence of alcohol of 0.10% of blood alcohol level around 00:05.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the results of the drinking driving control, and circumstantial statements;

1. Previous records of judgment: The application of criminal records, repeated statements, and 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 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 accused has criminal records punished for drunk driving in the past.

Circumstances favorable to the defendant: The distance of driving is shorter.

There is no history of punishment other than criminal records in the judgment.

The crime of this case is recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.