A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On July 10, 2014, the Defendant was issued a summary order of KRW 3,00,000 by the Daejeon District Court as a violation of the Road Traffic Act.

At around 22:20 on November 23, 2019, the Defendant driven DK7 car at approximately 100 meters from an influent place in the Daejeon Pungdong to the front of the C store located in the same Gu, while under the influence of alcohol of 0.074% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

(a) Conditions unfavorable: The person recommits the instant crime even though he/she was punished once due to drinking, such as a previous conviction in all judgment;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act.