A defendant shall be punished by imprisonment for one year.

except that 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

On October 29, 2012, the Defendant received a summary order of KRW 1 million from Daejeon District Court due to a violation of the Road Traffic Act.

On April 30, 2020, at around 20:10, the Defendant driven a c-wing-III truck under the influence of alcohol concentration of 0.062% at the section of approximately 1.5 km from the front of the Seongbuk-gu public health clinic located in Daejeon Sung-dong to the front of the same Gu.

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. Application of a summary order and the results of inquiry under Acts and subordinate 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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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).

After the enforcement of the amended Act, the Defendant was driving under the influence of alcohol.

The defendant has been sentenced to a fine due to drinking driving in the past, once.

Circumstances favorable to the defendant: The blood alcohol concentration is not higher than 0.062%.

No person shall be punished by imprisonment with prison labor or heavier punishment.

The crime of this case is recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.