A defendant shall be punished by imprisonment for one year.

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 October 14, 2010, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】

On March 31, 2020, the Defendant driven a DNA halogCC car in the state of alcohol of about 0.068% of blood alcohol concentration in the section of about 8km from the roads of the Daejeon Seo-gu, Seo-gu, Daejeon to the roads of the 51 (Doma-dong) Doma-ro, Seo-gu, Daejeon.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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).

After the enforcement of the amended Act, the Defendant was driving under the influence of alcohol.

The defendant has been punished twice by a fine due to drinking driving in the past.

Circumstances favorable to the defendant: The blood alcohol concentration is not higher than 0.068%.

In the past, criminal records of drunk driving are 10 years before 10 years.

The crime of this case is recognized and reflected.

The age, character and conduct, environment, and crime of the defendant.