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

[Criminal Power] On June 2, 2016, the Defendant was issued a summary order of KRW 5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 7, 2020, at around 0.00:31, the Defendant driven a E-high-est car from around 300 meters away from the cafeteria road in Seo-gu Daejeon to the Dart in C, while under the influence of alcohol of 0.084% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal history records, reply reports (A), investigation reports (Attachment of a summary order of the same kind as a suspect), and application of Acts and subordinate statutes ( Daejeon District Court Decision 2016 High Court Decision 4378);

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;

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. The fact that the blood alcohol level at the time of committing the crime of sentencing Article 62-2 of the Criminal Act is relatively high to 0.084%, and the Defendant, even though he was sentenced to a fine due to drinking driving in 2016, is also running under the influence of alcohol in 2016, is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is able not to drive under the influence of alcohol again while his mistake is divided in depth, the distance of the defendant's driving is relatively short, and the defendant seems to have actively used the substitute driving in the ordinary sense when he drinks, etc. are favorable to the defendant.

The defendant's age, character and conduct, family relationship, motive, means and result of the crime, and all the sentencing requirements, such as circumstances before and after the crime.