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 December 15, 2017, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million as a crime of violating the Road Traffic Act (driving) in the official capital support of the Daejeon District Court.

【Criminal Facts】

On January 14, 2020, at around 00:27, the Defendant driven a Fro-motor vehicle in the state of alcohol alcohol concentration of about 0.119% from a section of about 100 meters from the front of the C cafeteria located in the public city B to the front of the E cafeteria located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and investigation reports (report on the circumstances of the driver concerned);

1. An accident site photograph;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of drinking again was committed after the lapse of two years, even though the reason for sentencing under Article 62-2 of the Criminal Act was already punished for drinking driving, considering the unfavorable circumstances such as the fact that the crime of drinking again was committed after the lapse of two years, the blood alcohol concentration is considerably high, the traffic accident caused by the electric poles. In light of the accident site photographs, etc., it is reasonable to select imprisonment with prison labor in view of the fact that the risk caused by drinking driving cannot be deemed to be light.

However, it is necessary to reduce the amount of punishment and suspend the execution of punishment in consideration of the favorable circumstances such as the fact that the error is recognized and reflected, the driving distance is not relatively long, and the fact that there is no other criminal force except for the previous record of drinking driving.

In addition, comprehensively taking into account the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and result of the crime, circumstances after the crime, etc., and all the sentencing factors in the trial process, the punishment as ordered shall be determined.