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

[Criminal Power] On October 18, 2010, the Defendant received a summary order of KRW 2,50,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 23, 2019, the Defendant, while under the influence of alcohol of 0.040% on blood alcohol level on December 23, 2019, driven B rocketing car at approximately 5km from the roads located in Daejeon Seo-gu, Daejeon to the public green distance in Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers' standing statement (investigative report);

1. Previous conviction in judgment: Application of a summary order on criminal history records, attachment of a summary order on the same kind of power, a summary order of approximately 2002 high-level and about 1760, Daejeon District Court Decision 2010 high-level and about 11061 of the Daejeon District Court Act;

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).

The defendant has been punished for drinking driving two times (202, 2010), which is punished for drinking driving.

Circumstances favorable to the defendant: The blood alcohol concentration is not high by 0.040%.

No criminal records of the suspension of execution of imprisonment or heavier punishment shall be recorded.

The crime of this case is recognized and reflected.

In addition, the sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.