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 November 3, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

On May 22, 2020, the Defendant started a road in front of a restaurant in the mutual and aesthetic name, Seo-gu, Daejeon on May 22, 2020, and driven an Efranchis vehicle volume under the influence of alcohol level 0.115% in the front of D in C.

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 of 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. 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) Unfavorable conditions: The fact that the instant crime was committed again even though he was punished three times due to drunk driving, including his previous convictions, and that the blood alcohol concentration was high, etc.;

(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.