A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On September 12, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating road traffic laws at the Daejeon District Court on September 12, 2012. On November 27, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of ten months for a crime of violating road traffic laws.

[2] On October 5, 2020, the Defendant driven a DM5 car under the influence of alcohol content of about 0.094% in the 5km section from the roads of the Daejeon Tax Office, which was located in Seo-gu Daejeon, Daejeon, Daejeon, Seoul, to the roads of the “C” located in Daejeon, Seo-gu, Daejeon, Seoul, while driving the DM5 car under the influence of alcohol content of about 0.094%.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal notice of the result of regulating driving of drinking alcohol, the record of the driver's circumstantial statement, the record of the measurement of drinking photographs: He/she shall inquire about his/her criminal history, etc., a summary order (Seoul District Court Decision 2012 High Court Decision 9475), and the text of the judgment (Seoul District Court Decision 2013 High Court Decision 3698).

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: The Road Traffic Act provides that a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (the person shall be punished by imprisonment with prison labor for not less than one year but not more than two years, even if the person is mitigated);

As stated in the record of crime, the defendant has been punished once by a fine due to drinking driving or once a suspended sentence of imprisonment with prison labor.

Circumstances favorable to the defendant: The defendant is a person who works at night, has retired from around 07:00 on October 5, 2020 to drink and rest after drinking alcohol, and at around 22:00 on the same day.