A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 1, 2011, the Defendant was sentenced to a fine of one million won by the Daejeon District Court for a violation of the Road Traffic Act.

On December 13, 2019, at around 22:20, the Defendant driven a franchising car at a 300-meter section from the front of the cafeteria, Seo-gu, Daejeon to E in D, while under the influence of alcohol of 0.14% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G and H;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Each photograph;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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. 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. The fact that the blood alcohol level at the time of committing the crime of sentencing under Article 62-2 of the Criminal Act is considerably high to 0.114%, and the Defendant was issued a summary order of KRW 1 million due to drinking driving in 2011, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is able not to drive under the influence of alcohol again while his mistake is divided in depth, the distance of the defendant's driving is relatively short, and the defendant has no record of being punished for drinking under the influence of alcohol for about eight years since he was sentenced to criminal punishment for driving under the influence of alcohol in 2011.

In addition, the defendant's age, character and conduct, family relations, motive, means and result of the crime, circumstances before and after the crime, etc. shall be determined as per the order, comprehensively taking into account all the sentencing requirements.