A defendant shall be punished by imprisonment for one year.

except that 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

On March 14, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for a crime, such as violation of the Road Traffic Act, etc., in the support of the Daejeon District Court.

Nevertheless, at around 04:00 on February 23, 2020, the Defendant driven D Ecoos car under the influence of alcohol concentration of about 0.061% from a parking lot in front of a restaurant located in Dong-gu Seoul Metropolitan Government B to the roads in front of the above Ccoos car from approximately 5 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Spatial photographs taken at the time of crackdown;

1. Previous records of judgment: Criminal records, references to criminal records, previous records and reports, and application of statutes of the judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

3. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than one year nor more than two years and not more than six months;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. On March 14, 2008, the Defendant sentenced six months to imprisonment with prison labor for a crime, such as violation of the Road Traffic Act, etc., in the Daejeon District Court’s branch court.

Nevertheless, the liability for the crime is not easy by driving under the influence of alcohol.

However, the defendant seems to have a view to recognizing and opposing the crime of this case.

The blood alcohol concentration is relatively low, and there are circumstances that can be taken into account such as being waiting for a proxy engineer by driving a volume of five meters for parking.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.