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.

Criminal facts

On August 6, 2012, the Defendant was notified of a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act by the Daejeon District Court.

On November 4, 2019, at around 23:30, the Defendant driven BMW 525d xDrive car at a section of about 3 km from the front of a cafeteria located in the Seodong-gu Daejeon Seo-gu, Daejeon to the front road of the orchard 1236, Seo-gu, Seo-gu, Daejeon, with a blood alcohol concentration of about 0.097%.

Accordingly, the defendant was driving in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of criminal records, etc. and other 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is a serious crime that causes serious harm to the life, body, property, etc. of a person, and thus, the defendant who committed such act should be held legally liable for a serious legal liability corresponding to such act. In addition to the previous conviction in the judgment of the court, the defendant has the record of being punished for a drunk driving even in 2003, and the criminal record related to traffic such as the violation of the Road Traffic Act, including the previous conviction in the judgment of the court below, has been six times more, and the defendant's blood alcohol concentration was considerably high at the time

However, considering the fact that the defendant reflects his mistake, the fact that there has been no past record of having been sentenced to punishment, etc., the circumstances favorable to the defendant are considered, and the circumstances shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be comprehensively taken into account.