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 April 29, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by Daejeon District Court.

On August 28, 2019, the Defendant driven a B K7 car at the section of about 3 km from the roads of the Seo-gu, Seo-gu, Seo-gu to the Han Man-dong, Seo-gu, Daejeon, Seo-gu, to the Han Man-gu, Seo-gu, Daejeon, while under the influence of alcohol level of 0.041% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers, and the report on requests for appraisal;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached to a summary order);

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 applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

After the enforcement of the amended Act, the Defendant was driving under the influence of alcohol.

Circumstances favorable to the defendant: The blood alcohol concentration is not high by 0.041%.

The crime of this case is recognized and reflected.

There is no other criminal records except for a drunk driving record.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.