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 September 9, 2013, the Defendant issued a summary order of KRW 4 million to the Daejeon District Court for the charge of violating the Road Traffic Act (driving).

【Criminal Facts】

On June 14, 2020, at around 00:10, the Defendant driven DK5 cars under the influence of alcohol 0.168% in the section of about 2 km from the front of a cafeteria located in the official city B to the third-distance road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1), report on the status of an employer-employed driver, and investigation report (report on the status of an employer-employed driver);

1. An accident site photograph;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.

3. Unfavorable circumstances: A person has already committed the same kind of crime even though he had a previous record of driving under the influence of alcohol in 2004, 2013) but has repeatedly committed the same crime; circumstances that are considerably favorable to the high degree of blood alcohol concentration: Recognizing and against the mistake, there is no damage to others; there is no criminal record exceeding the fine; there is no dependent;