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

[Criminal Power] On February 2, 2018, the Defendant was sentenced to a fine of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On June 28, 2020, at around 06:00, the Defendant driven a F-to-purd vehicle from the front road in Daejeon Seodong-gu B to the front road in the same Gu E, with approximately 600 meters alcohol concentration of about 0.146% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement, statement, on-site photograph, notification of the results of the influence of drinking driving control, and previous records of judgment on drinking: The application of Acts and subordinate statutes that report the results of his/her previous report on criminal records, etc. and the previous records of judgment:

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 shall provide that a person who has committed a crime of drinking alcohol or of refusing to measure alcohol at least twice shall be punished by imprisonment for not less than two years but not more than five years (at least one year but not more than two years and not more than six months, even if mitigation is made);

As stated in the judgment, the defendant has been punished by a fine for drinking driving in 2018.

Circumstances favorable to the defendant: There is no criminal records subject to the suspended sentence of imprisonment or more for the same crime.

The crime of this case is recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.