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 February 21, 2017, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On July 24, 2020, at around 00:29, the Defendant driven a DSS5 vehicle under the influence of alcohol leveling 0.226% from the 3km section of around the 3km section from which it is impossible to identify the name located in the Daejeon Seo-gu B to the “C” road located in Daejeon Seosung-gu B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. For the accused's legal statement, a statement on the circumstances of his/her driver, a field photograph reported as a result of the control of drinking driving, a record of his/her judgment on a drinking-free photograph: The application of Acts and subordinate statutes to Daejeon, Daejeon, 1681, and criminal history records, etc.;

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.

The blood alcohol concentration level is high.

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

The crime of this case is recognized and reflected.

In addition, the sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime.