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 January 15, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 4 million by the same court on July 8, 2014, respectively.

【Criminal Facts】

On May 26, 2020, at around 21:57, the Defendant driven B-hoer car under the influence of alcohol with approximately 150 meters alcohol concentration of approximately 0.040 meters from the front of the restaurant on the trade name and vibration of the Daejeon Seo-gu New Carbon and Vibration to the front of the Yandong-gu Hobridge in the same Dong.

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

Summary of Evidence

1. Previous records as stated in the Defendant’s legal statement, notice of results of the influence of drinking alcohol driving control, and circumstantial statements of a drinking driver: Application of criminal records, etc. inquiry reports and investigation reports (verification twice of suspect drinking-related records);

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 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 defendant has twice the 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 is not high, and the driving distance is short.

There is no criminal record subject to the suspension of the execution of imprisonment or heavier punishment for the same crime.