A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 17, 2013, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million for the same crime from the Daejeon District Court on July 5, 2019, respectively.

On July 19, 2020, at around 04:17, the Defendant driven a B B B B B in the state of under the influence of alcohol alcohol concentration of about 0.139% from the 4km section from the 4km to the exit of the school from the Doan Underground Road located in the same Gu, where it is impossible to find out the trade name in the Seongbuk-gu, Daejeon.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, investigation report on the actual condition of his/her oral statement, notification of the results of the drinking driving control, criminal records records of his/her circumstantial statements, summary order of the Daejeon District Court (2019 high-level 4146), summary order of the Daejeon District Court (2013 high-level 740) to public order for the Daejeon District

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 shall provide that a person who has committed a crime of drinking alcohol or of refusing to measure alcohol at least twice shall be punished by imprisonment for not less than two years but not more than five years (at least one year but not more than two years and not more than six months, even if mitigation is made);

In 2013 and 2019, as stated in the ruling, the Defendant was punished by a fine for drinking driving two times in 2013.

Circumstances favorable to the defendant: Criminal records subject to the suspended sentence of imprisonment or more due to the same crime.