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

[criminal power] On May 9, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court, and on June 30, 201, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on June 30, 201, two years of suspended execution, and on January 29, 201, eight months of suspended execution and two years of suspended execution, respectively.

【Criminal Facts】

On December 23, 2019, at around 19:05, the Defendant driven a DNA rocketing car while under the influence of alcohol content of 0.163% at approximately 2-3 meters away from the roads adjacent to the C Pharmacy in Daejeon-gu, Daejeon-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident;

1. Investigation report on the actual condition of traffic accidents, investigation report (Submission of detailed statement on the cancellation of driving on behalf of a suspect and monetary detailed statement);

1. On-site photographs, suspect, music record measurement photographs, the principal driver's license reports, and the report on the actual state of the driver's license;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the records of punishment for drunk driving of a suspect, and attachment of the relevant judgment, etc.);

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 amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

The defendant is punished for drinking-driving four times.