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 April 17, 2014, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On May 23, 2020, at around 01:10, the Defendant driven a FNAS coo-coo, while under the influence of alcohol leveling 0.132% at a distance of 5m to 10m in front of the road of the Ec cafeteria C cafeteria located in Daejeon Seo-gu B, the Defendant driven a car at FNAS coo-coo-coo.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. For the accused's legal statement, his/her oral statement, notification of the results of the drinking driving control, previous records on the accident site photograph: The application of Acts and subordinate statutes to him/her and investigation reports (a summary order of the suspect's same kind of power attached thereto);

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 punished by a fine due to drunk driving, as stated in the criminal records.

Circumstances favorable to the defendant: A vehicle that the defendant parked in the vicinity of the drinking place before drinking time is driving in order to move the vehicle to a public parking lot in the same alley and return home is short of driving distance.

imprisonment with prison labor for the same crime.