A defendant shall be punished by imprisonment for one year.

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 August 30, 2016, the Defendant was sentenced to a summary order of a fine of one million won for a violation of the Road Traffic Act, and on November 18, 2016, the Defendant was sentenced to a suspended sentence of three years on November 26, 2016, for a crime of violation of the Road Traffic Act (driving) in the Incheon District Court Branch of the Daejeon District Court on November 18, 2016.

피고인은 2020. 2. 22. 05:23경 천안시 두정동 명칭 미상의 공원 앞 도로에서 아산시 배방읍 고속철대로 147 장재리 이마트 트레이더스 사거리까지 약 7km 구간에서 혈중알콜농도 0.071%의 술에 취한 상태로 B 켑티바 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A copy of investigation report (report on the circumstances of a drinking driver) and notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

1. Social service order under Article 62-2 of the Criminal Act;