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

[criminal power] On December 2, 2008, the Defendant received a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court, and issued a summary order of KRW 2.5 million for the same crime at the same court on August 1, 2011.

【Criminal Facts】

On February 1, 2020, at around 00:40, the Defendant driven a Bniboo car under the influence of alcohol by 0.125% in the section of about 5km from the area of the border road located in the same Gu to the point where 275km Seoul direction is located in the same Gu.

Summary of Evidence

1. Previous records as stated in the Defendant’s legal statement, notice of the result of the influence of drinking alcohol driving and the report on his/her circumstantial statement: The application of criminal records, etc. inquiry reports, summary orders ( Daejeon District Court Decision 2008 High Court Decision 22512), summary orders ( Daejeon District Court Decision 201 High Court Decision 8253) shall apply;

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 been sentenced to a fine in 2008 and 2011, as stated in the criminal records in the judgment, and in 2005, he/she has been sentenced to a fine due to a refusal of drinking alcohol measurement.

Circumstances favorable to the defendant: There is no criminal records subject to the suspended sentence of imprisonment or more for the same crime.

The crime of this case is recognized.