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

On June 14, 2018, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Daejeon District Court.

At around 07:50 on January 1, 2020, the Defendant driven a 2km drocketing car to the front of the Daejeon Seo-gu, Daejeon, in front of the restaurant where the trade name in the Seo-gu, is unknown while under the influence of alcohol 0.067% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on the actual state of the driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Criminal records, inquiry reports, attachment of a summary order of the same kind of power, and application of Acts and subordinate statutes of the summary order;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment, 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 on probation;

1. The punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the Defendant, for the reason of sentencing under Article 62-2 of the Order to Provide community service and attend lectures, committed a crime of the same kind in six months only after he/she was punished for a fine due to drinking driving; (b) the degree of blood alcohol concentration at the time of the instant crime; (c) the Defendant is led to confession; (d) the Defendant has no criminal record other than the fine; and (e) the Defendant’s age, character and behavior, environment, background, motive, means and consequence of the crime; and (e)

It is so decided as per Disposition for the above reasons.