A defendant shall be punished by imprisonment for not less than one year and six months.

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 September 20, 2018, the Defendant received a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) from the Daejeon District Court on September 20, 2018.

On June 13, 2020, at around 15:30, the Defendant driven a DNA car in the state of alcohol alcohol concentration of approximately 0.139% from a 500-meter section from the front of the restaurant to the front of the C, on which the trade name in Seo-gu, Seo-gu, Daejeon is unknown.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

Summary of Evidence

1. Application of Acts and subordinate statutes of the Daejeon District Court (2018 High Court Decision 8463) to the defendant's legal statement, the statement on the circumstances of the driver, the photographic criminal records, and the summary order issued by the Daejeon District Court;

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 shall provide that a person who has driven under the influence of alcohol at least twice shall be punished by imprisonment with prison labor for not less than two years but not more than five years (at least one year but not more than two years and not more than six months, even if the person is subject to discretionary mitigation);

The defendant has a record of being fined due to drinking driving, such as the record of criminal records in the judgment.

Circumstances favorable to the defendant: There shall be no criminal records subject to the suspended sentence of imprisonment or heavier punishment.

The crime of this case is recognized and reflected.

In addition, in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined in accordance with Article 51 of the Criminal Act.