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

On March 18, 2008, the Defendant received a summary order of KRW 2 million from the Daejeon District Court due to a violation of the Road Traffic Act.

Criminal facts

At around 22:30 on November 26, 2019, the Defendant driven a CAbeo car at approximately 5 meters following the Daejeon Pungdong B hotel while under the influence of alcohol 0.184% of alcohol content.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, the previous records, and summary order Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered is determined by taking account of the following circumstances: (a) even though there was one-time driving experience of drinking driving on the ground of sentencing under Article 62-2 of the Criminal Act; (b) the driving distance is short; (c) the driving distance is short; (d) the Defendant’s age, character and conduct, environment, family relationship; (d) the motive and consequence of the crime; and (e) the circumstances constituting the conditions of sentencing as shown in the argument of this case, including the circumstances that constitute the conditions of sentencing as stated in the argument of this case.