A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On September 14, 2018, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on September 14, 2018.

Although the Defendant had been punished for the violation of the Road Traffic Act as above, on June 14, 2020, at around 04:03, the Defendant driven a motor vehicle in the Espact area with a 500-meter alcohol level of 0.164% under the influence of alcohol level of 0.164% from the Seo-gu, Seoan-gu, Seoan City, Seoan-gu, to the front road of the National Assembly members in Seoan-gu, Seoan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., inquiry into cases, and copies of summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;