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 October 2, 2013, the Defendant was issued a summary order of KRW 5 million on the grounds of the violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court.

【Criminal Facts】

At around 05:00 on April 8, 2020, the Defendant driven an E-motor vehicle under the influence of alcohol level 0.11% in a section of about 300 meters from the front of the B apartment in the public city to the front road in the same city C.

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. Control note, report on the state of his/her standing driver, and investigation report;

1. On-site photographs at the time of enforcement;

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.

D. 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, the circumstances that are favorable to a significant degree of blood alcohol concentration: Recognizing and reflecting the mistake, the distance of drinking under the influence of alcohol is not relatively long, and the occurrence of a traffic accident has not occurred.