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 4, 2016, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by Daejeon District Court.

On October 19, 2019, at around 23:40, the Defendant driven a fG80 car while under the influence of alcohol leveling 0.143% in a 500-meter section of blood alcohol level to E on the front road located in Daejeon Dong-gu B.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Inquiry the results of drinking control;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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. The fact that the blood alcohol level at the time of the crime of sentencing Article 62-2 of the Criminal Act is relatively high at the time of the crime of sentencing, and the fact that the Defendant was sentenced to a fine due to drinking driving in 2016, and the Defendant was also driving under the influence of alcohol at all times is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has divided his mistake in depth and again is expected not to drive under the influence of alcohol, and that the distance of the defendant's driving is relatively short, etc. are favorable to the defendant.

In addition, the punishment shall be determined as ordered in comprehensive consideration of all the sentencing factors shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, etc. of the defendant, and the background of the crime.