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 November 10, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On March 7, 2020, the Defendant driven a two-wheeled automobile with WW125% alcohol level of about 0.167% in the section of approximately 138 meters from the front of the Daejeon Dong-gu, Daejeon to the front of the same Gu C, while under the influence of alcohol level of about 138 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous conviction in judgment: One copy of the relevant summary order and the application of Acts and subordinate statutes as a result of inquiry;

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 a record of being fined due to drunk driving as stated in the judgment.

Blood alcohol concentration is 0.167% high.

Circumstances favorable to the defendant: Driving a two-wheeled motor vehicle, and having no criminal records subject to a suspended sentence of imprisonment or more.

All of the crimes of this case are recognized and reflected.

In addition, the sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime.