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 November 17, 2006, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court of Daejeon District.

Although the Defendant violated the prohibition of drunk driving as above, on August 25, 2020, at around 22:16, the Defendant driven a D self-furturged car with approximately 3km from the front road of Ansan-si, a member B to the front road of the same Gu C, under the influence of alcohol concentration of about 0.160%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Acts concerning facts constituting a crime 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. Article 62 (1) of the Criminal Act;

1. Taking into account the risks inherent in the reasoning of sentencing under Article 62-2(1) of the Criminal Act, the blood alcohol density, driving distance, and criminal records of the defendant (including the records of drunk driving even before and after the previous conviction), the sentence shall be determined as ordered by taking into account various factors of sentencing, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime;