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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 22, 2010, the Defendant was issued a summary order of KRW 4 million by the Daejeon District Court on the grounds of the violation of the Road Traffic Act (driving) and KRW 3 million by the same court on February 4, 2013.

【Criminal Facts】

On January 3, 2020, at around 04:15, the Defendant driven a D car under the influence of alcohol of about 0.101% of alcohol level from the frame near Seo-gu, Daejeon to the same ringro-ro 231, and from about 3km to the modified NAN, the Defendant driven a D car under the influence of alcohol level of about 0.101%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, statement in the circumstances of a drinking driver, and photograph of the control site;

1. Previous conviction in judgment: Application of criminal history records, probationary orders ( Daejeon District Court Decision 2010 Highest 2010 Highest 14587), summary orders ( Daejeon District Court Decision 2013 Highest 306) 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 punished for drinking driving twice as stated in the criminal records of the judgment.

Circumstances favorable to the defendant: There shall be no criminal records subject to the suspended sentence of imprisonment or heavier punishment.

The crime of this case is recognized and reflected.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and after the crime is committed.