A defendant shall be punished by imprisonment for one year.

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

On May 16, 2007, the Defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act, and KRW 1 million as a fine from the Hongsung Branch of the Daejeon District Court on November 17, 2008, respectively.

On May 12, 2020, at around 00:20, the Defendant driven the E body-W car in the state of alcohol alcohol concentration of about 0.151% from the funeral hall parking lot of the hospital C in Chungcheongnam-gun, Chungcheongnam-gun, to the distance of D apartment.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) and (3) of the Criminal Act is that the Defendant committed the instant crime even though he/she had been punished twice due to drinking driving in the past, and the Defendant also committed the instant crime. The fact that the nature of the instant crime is not good, and that the drinking water is very high is disadvantageous to the Defendant.

However, in full view of the fact that the defendant has recognized his mistake, the defendant has no record of criminal punishment heavier than the fine, and other various sentencing conditions such as the background of the crime of this case, the age, character and conduct of the defendant, etc., the punishment as ordered shall be determined.