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 became final and conclusive.

Punishment of the crime

[criminal power] On January 23, 2015, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on January 23, 2015, and KRW 2 million as a fine in the same court on March 22, 2017.

【Criminal Facts】

On January 23, 2020, between 05:11 and 07:09, the Defendant driven Chodo-low-water car while under the influence of alcohol concentration of 0.149% on the road of about 1m in front of Seo-gu Daejeon, Seo-gu, Daejeon.

Summary of Evidence

1. In the case of a criminal record, a written investigation into the actual state of the defendant's partial statement, a notice of the results of the drinking driving control, a field photograph of the situation statement of a drinking driver, and a record of a CD attached to a black stuff: The application of each summary order (Evidence List No. 25, 27) shall apply to the criminal record, etc. and each 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. In order to punish the defendant and his defense counsel's assertion as a drunk driving under the Road Traffic Act, the defendant and his defense counsel's assertion should be acknowledged. However, even if the defendant's negligence of driving a little amount of vehicle, it cannot be deemed that the defendant intentionally driven the vehicle as the defendant's will, since they did not have any fact of driving the vehicle.

2. Of a CD 1 CD, which is a evidence revealed prior to the determination, the Defendant opened a vehicle door at around 05:12 and recorded the front cover of the vehicle that was parked in the front section of the Defendant’s vehicle (the front cover of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the storage section of the front section of the front section of the front section of the storage section of the front section of the front section of the front section of the registration section of the front section of the front section of the front section of the front section of the registration section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of the front section of