However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

[Power of crime] On February 5, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on February 5, 2008, and a fine of KRW 700,000 as a crime of violating the Road Traffic Act (drinking driving) at the Chungcheong District Court on March 27, 2009.

[2] On October 30, 2020, the Defendant driven a D car at approximately three meters within a fee-charging public parking lot that is located adjacent to Daejeon Taedong-gu Daejeon under the influence of alcohol level of 0.09% among blood transfusion around 22:30 on October 30, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal statement notification of the result of regulating driving of drinking alcohol, the statement of the driver's circumstances, and previous records indicated in the ruling: The application of a reply to inquiry, such as criminal history, and the application of Acts and subordinate statutes to investigation reports (the suspect'

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for 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 disadvantageous to the defendant: The Road Traffic Act provides that imprisonment with prison labor for a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (one year but not more than two years and not more than six months, even if the sentence is mitigated);

The defendant has three times the past records of the crime, including the past records of the crime, which have been fined due to drinking driving.

Circumstances favorable to the defendant: A short distance was applied only within the parking lot after a proxy driver was requested.

There is no record of criminal punishment for the suspension of the execution of imprisonment with prison labor or more, and the record of the fine is old.

Recognizing and opposing the instant crime.