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 becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 30, 2012, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

[Criminal Power] On July 23, 2019, the Defendant driven an E-to-beb on the front side of a restaurant located in Daejeon Jung-gu, Daejeon to the front side of the Daejeon Dong-gu, Daejeon, with a blood alcohol content of 0.149% around July 20, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Previous conviction: An inquiry report and application of each summary order Acts and subordinate statutes;

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. An order to attend a lecture or to provide community service order two times the reason for sentencing under Article 62-2 of the Criminal Act, the fact that blood alcohol content is high, etc. is contrary to the unfavorable circumstances, and the fact that there is no previous conviction exceeding the fine, etc., shall be determined as ordered by taking into account other favorable circumstances, such as the defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and other circumstances that form the conditions for sentencing as shown in the argument of this case.