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 May 4, 2007, the Defendant received a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act (Refusal of Drinking Measures) at the Daejeon District Court.

【Criminal Facts】

On March 1, 2020, at around 22:00, the Defendant driven a D-Wz car in the state of alcohol alcohol leveling 0.127% of blood alcohol level from approximately 2 km section to the roads of the Daejeon P-B station in the vicinity of the World Pung-gu square to the roads of the Daejeon P-gu station.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant’s legal statement, survey report on the actual condition of his/her oral statement, accident vehicles and field photographs, and previous records in his/her judgment on the records of his/her accident: The application of criminal history records, investigation reports (verification of the record of refusal to measure sound records) and statutes;

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 2007, as stated in the records of criminal records, the Defendant was sentenced to the refusal of drinking alcohol measurement in 2007, and each fine is sentenced to drinking driving in 2003.

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 and reflected.

The age, character and conduct, environment, and environment of the defendant.