Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 1, 2016, the defendant was notified of a summary order of a fine of KRW 3.5 million by the Daejeon District Court for a violation of the Road Traffic Act.

On August 21, 2020, at around 12:35, the Defendant driven a car in F Spart City under the influence of alcohol concentration of about 0.210% at the section of approximately 100 meters from the front of the “C cafeteria” to the front of the “E” in D, “E” located in G, G, C, and C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and photographs of the control of drinking driving at the scene of detection;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to the prosecution investigation report (verification of criminal records of the same kind);

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

1. Although Article 62(1) of the Act on Probation under Article 62(1) of the Act on Probation has a history of punishing drunk driving for the reason of sentencing under Article 62-2 of the Act on Probation, considering the following: (a) the enforcement of the Act and the current Road Traffic Act, which greatly strengthened the regulatory standards and statutory punishment, re-driving the drinking driving; (b) the degree of blood alcohol concentration exceeds the criteria for revocation of license; and (c) the fact that it seems that the control is very poor, it is necessary to take account of the following factors: (a) the Defendant’s disposal of the vehicle to avoid recidivism in his depth; (b) the enforcement of the sentence is suspended in good faith by taking into account the fact that the Defendant was not punished by imprisonment without prison labor or more; and (c) the Defendant’s age and economic condition, and (d) the probation officer’s strict management and supervision will assist in preventing recidivism; and (c) the probation is imposed on the grounds above.