A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On November 26, 2013, the Defendant received a summary order of a fine of three million won from the Cheongju District Court for the violation of the Road Traffic Act.

On April 5, 2020, at around 23:10, the Defendant driven an Eco-sports car with approximately 20 meters alcohol level 0.159% under the influence of alcohol level 0.159% from the 20-meter section from the front of Daejeon Seo-gu B to the front of D located in the same Gu C.

Summary of Evidence

1. Previous records of the defendant's statement in his/her court statement: Application of Acts and subordinate statutes, such as criminal records;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order, and the reason for sentencing under Article 62-2 of the Criminal Act are serious crimes that cause serious harm to the life, body, property, etc. of a person with no license, and thus, the defendant, who committed such act, should be held legally liable for the severe legal liability corresponding to the act. The defendant, in addition to the judgment of the court, even though he had a large number of criminal records of the same kind and similar crimes such as drinking driving and driving without a license, 5 times with or without a license for driving under the influence of alcohol, 5 times with or without a license for driving under the influence of alcohol, in addition to the judgment of the court, he also committed the crime of this case, and the defendant has a large number of other criminal records (in that case, 5 times the criminal records including the previous criminal records and 5 times of imprisonment due to a non-licenseless driving). At the time of the crime of this case, the

However, the defendant still has no record of punishment more severe than fine due to drinking driving, the distance of the defendant's driving is very short, the defendant's use of proxy driving prior to the crime of this case, etc. is considered as favorable to the defendant, and other defendants.