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 June 8, 2017, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On April 23, 2020, at around 01:30, the Defendant driven Emba W125 Obama, while under the influence of alcohol leveling 0.157% from the 1km section from the front road of Daejeon Seodong-gu B to the front road of the same Gu D apartment house.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the results of the drinking driving control, dacting photographs, and ozone photographs;

1. A previous conviction in judgment: An inquiry report and a summary order (the Daejeon District Court Decision 2017 High Court Decision 4402) shall apply to statutes;

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 a record of being fined due to drunk driving as stated in the judgment.

Circumstances favorable to the defendant: Driving a two-wheeled motor vehicle, and having no criminal records subject to a suspended sentence of imprisonment or more.

All of the crimes of this case are recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.