A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Power of crime] On December 23, 2016, the Defendant was issued a summary order of KRW 3 million due to a violation of road traffic law (drinking driving) in the Daejeon District Court's support on December 23, 2016

[2] On July 5, 2020, the Defendant: (a) while under the influence of alcohol of 0.040% during blood transfusion at around 22:35, the Defendant violated the provision prohibiting driving of drinking alcohol at least twice by driving a FIst and other vehicles at approximately 300 meters away from the front road of the Daejeon Pungdong-gu D, Daejeon, to the road.

Summary of Evidence

1. For the accused's statutory statement, arrest report of the case, report of the driver's circumstantial statement, notification of the result of crackdown on drinking driving, previous records of judgment on measurement of drinking: Application of an inquiry letter, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 disadvantageous to the defendant: The Road Traffic Act provides that a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (the person shall be punished by imprisonment with prison labor for not less than one year but not more than two years, even if the person is mitigated);

The defendant is punished once by a fine due to drinking, such as the record of the crime in the judgment.

Circumstances favorable to the defendant: The blood alcohol concentration is low.

There is no criminal history subject to the suspended sentence of imprisonment or heavier punishment.

The crime of this case is recognized and reflected.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are considered.