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

[criminal power] On November 9, 2015, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine of KRW 1,50,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 3,50,000 as a fine for a crime of violation of the Road Traffic Act in the same court on December 6, 2018.

【Criminal Facts】

On August 15, 2020, at around 03:50, the Defendant driven a F K7 car in the state of alcohol alcohol concentration of about 0.20% from the 3km section of approximately 3km to the front road of the “E” located in Seo-gu, Seo-gu, Daejeon, Daejeon.

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

Summary of Evidence

1. For previous records in the judgment on the record of the defendant's statutory statement, the notice of the result of the drinking driving control, the report on the circumstantial statement of a drinking driver, the alcohol measurement photographs, the report on 112 reported case management: Application of Acts and subordinate statutes to the Acts and subordinate statutes as follows;

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 three times the past records of the crime, which were sentenced to a fine due to drinking driving, including the previous records of the crime 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.

The age, character and conduct of the defendant;