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] In the Daejeon District Court on April 7, 2016, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) and KRW 1.5 million as a fine in the same court on December 13, 2017.

【Criminal Facts】

On April 30, 2020, at around 02:27, the Defendant driven an E K5 vehicle from the street in front of the Seo-gu Daejeon Seo-gu, Seo-gu to the street in front of the D Apartment, with a level of about 300 meters, while under the influence of alcohol 0.067% of alcohol level.

Summary of Evidence

1. For the accused's legal statement, internal investigation report (on-site situation, etc. at the time of arrival), notification of the results of the drinking driving control, previous records of his/her circumstantial statement: Application of Acts and subordinate statutes of Part II to criminal records, etc. and 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 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 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 twice the record of being fined due to drinking driving, such as the record of criminal records in the judgment.

Circumstances favorable to the defendant: The blood alcohol concentration is not high, and the driving distance is short.

There is no criminal records subject to the suspended sentence of imprisonment or heavier punishment for the same crime.

The crime of this case is recognized and reflected.

In addition, the Criminal Act, such as the age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.