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 December 26, 2019, at around 23:04, the Defendant: (a) stated in the instant indictment “SS7” in the FM7 under the influence of alcohol concentration of approximately 0.100% in the section of approximately 30 meters from the roads near the restaurant in the Daejeon-gu Daejeon-gu, Daejeon to the roads near the “E” located in the Daejeon-gu, Daejeon-gu, Daejeon-gu; (b) however, it is clear that the instant indictment is a clerical error of “SM7”; (c) thus, the Defendant driven a vehicle ex officio.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the blood alcohol level at the time of committing the crime on the grounds of sentencing in Article 62-2 of the Criminal Act is relatively high to 0.10%, and the Defendant was issued a summary order of KRW 700,000 due to drinking driving in 203, 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 breaking his mistake in depth, the fact that the defendant has no record of being punished for a drunk driving for about 16 years since he was punished for a drunk driving in 2003, and the fact that the defendant is a letter that the health condition is not good due to the hard drive operation is favorable to the defendant.

In addition, the punishment shall be determined as ordered in comprehensive consideration of all the sentencing factors shown in the trial process, such as the age, character and conduct, environment, occupation, family relationship, etc. of the defendant, and the background of the crime.