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 November 9, 2017, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court.

【Criminal Facts】

On July 29, 2020, at around 00:44, the Defendant driven a FK5 car from around 30 meters away from the front of the cafeteria in Seo-gu Daejeon to the front of the E cafeteria in the same Gu, while under the influence of alcohol of 0.09% of blood alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Notification of the results of the crackdown on drunk driving, the report on the circumstantial statement of a drunk driver, the photographs of vehicles and measuring pages, the 112 Report Handling table, and the investigation report on the results of the crackdown on drunk driving (report on the circumstances of a drunk driver);

1. Previous records of judgment: Application of Acts and subordinate statutes by making a copy of a summary order and an inquiry about criminal records;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, such as probation, community service order and order to attend a lecture, needs to be punished corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

Since the blood alcohol concentration of the defendant at the time of the crime is not low, the nature and circumstances of the crime are not weak.

On the other hand, the defendant has been punished several times as well as without a license for driving.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

Defendant is driving under influence of alcohol.