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

On May 15, 2019, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On September 21, 2020, while under the influence of around 23:28 and around 0.067% of blood alcohol concentration, the Defendant driven a B-kin car in the direction of about 1km from the front of a mutually influent restaurant near the Seo-gu Daejeon, Seo-gu, Daejeon to the 816th Gampo-ro, Seo-gu, Daejeon.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's statutory statement enforcement statement, report on the circumstances of a drinking driver, investigation report on the results of the crackdown on drinking driving (Attachment to the previous and summary order) and criminal record records, etc. inquiry;

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 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 unfavorable to the defendant: The Road Traffic Act shall provide that a person who has driven under the influence of alcohol at least twice shall be punished by imprisonment with prison labor for not less than two years but not more than five years (at least one year but not more than two years and not more than six months, even if the person is subject to discretionary mitigation);

The defendant has a record of being fined due to drinking driving, such as the record of criminal records in the judgment.

Circumstances favorable to the defendant: The blood alcohol concentration level is not high.

No criminal records subject to the suspended sentence of imprisonment or heavier punishment shall be recorded.

The crime of this case is recognized and reflected.

Article 51 of the Criminal Act, such as the age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc.