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 January 25, 2018, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court on January 25, 201.

At around 23:05 on December 5, 2019, the Defendant driven a F rocketing car at approximately 300 meters away from the restaurant of "C" in Daejeon Pungdong B to the front of the E store in D while under the influence of alcohol of 0.05% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

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

1. Inspection of the results of drinking control, and notification of the results of drinking driving control;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements, investigation reports, and 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 reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant has been subject to criminal punishment on two occasions since 2005, even though he/she had been subject to criminal punishment on drinking driving. In particular, the defendant is unable to choose a fine any longer by driving under drinking, even though he/she has not been sentenced to a fine for two years since he/she was sentenced to a fine due to drinking driving in 2018, and the decision of imprisonment is inevitable, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant's mistake is divided in depth and again is expected not to drive under the influence of alcohol, the distance of the defendant's driving is relatively short, and the economic situation of the defendant is not good, etc. are favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, occupation, family relationship, circumstances of the crime, and the time of the crime.