A defendant shall be punished by imprisonment for not less than one year and six months.

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 December 15, 2014, the Defendant received a summary order of a fine of KRW 3 million from the Daejeon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 5, 2020, at around 19:45, the Defendant driven an observer car with an alcohol level of about 0.167% under the influence of alcohol level 0.167% from the road front of the “C Association interest point” located in Sejong Special Self-Governing City, to the front road of the D apartment.

As a result, the defendant was driving a motor vehicle under the influence of re-driving despite the power of violating the Road Traffic Act prohibition.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, results of confirmation, and Acts and subordinate 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 is subject to a fine in 2004 and 2014 due to a drunk driving.

Circumstances favorable to the defendant: The defendant has no record of punishment heavier than the suspension of the execution of imprisonment.

The crime of this case is recognized and reflected.

The age, character and conduct, environment and motive, means and result of the crime of the defendant;