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 July 13, 2015, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On December 7, 2019, at around 17:00, the Defendant driven C 140 cars while under the influence of alcohol leveling 0.093% of blood alcohol level from the area of about 15 km from Daejeon-gu Culture Complex to the front road of Daejeon Seo-gu B apartment zone.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the notification of the results of the drinking driving control, and the circumstantial statement of the drinking driver;

1. On-site photographs;

1. A previous conviction in judgment: A written inquiry and a summary order (The Daejeon District Court Decision 2015No. 5717 of the Daejeon District Court Act) shall apply;

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).

After the enforcement of the amended Act, the Defendant was driving under the influence of alcohol.

Circumstances favorable to the defendant: There shall be no other criminal records except before a drunk driving.

The crime of this case is recognized and reflected.

The defendant thought that drinking until the new wall of drinking driving on the day of drinking, thring the locked, and string the drinking, and argued that it has changed in consideration of the favorable sentencing reasons.

According to evidence records, the defendant's final drinking time is limited.