A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On July 17, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 14, 2020, at around 04:07, the Defendant operated a F-learning car in the state of alcohol alcohol concentration of approximately 0.171% from the 135-meter section from the front of the convenience store in Daejeon Jung-gu to the front of the convenience store in Daejeon Jung-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Accident site and vehicle photograph, and drinking photograph of the suspect;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (one-time confirmation of suspect's drinking driving records, and attachment of the relevant summary order);

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to two years;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

The accused has criminal records punished for drunk driving in the past.

Blood alcohol concentration is 0.171% higher.

Circumstances favorable to the defendant: The distance of driving is 135 meters.

There shall be no criminal records exceeding fines.

The crime of this case is recognized and reflected.

The age, character and conduct, environment, and crime of the defendant.