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

On September 27, 2012, the Defendant was sentenced to a suspended sentence of two years in October 10 and the same criminal records are added to two times.

Nevertheless, at around 01:00 on August 6, 2020, the Defendant driven a DNA car while under the influence of alcohol with a blood alcohol concentration of 0.170% 0.170% in front of the “C” road located in Heung-gu Seoul Metropolitan City, Chungcheongnam-gu B.

Accordingly, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a crime;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the history of having been punished several times due to drunk driving, and in particular, it is highly likely to be criticized in that the defendant attempted to drive a vehicle in a state where the vehicle was under the influence of alcohol even though he/she had already been placed prior to the suspension of execution, and there is a lot of concerns about recidivism.

However, even if the driving distance in this case is merely about one meter (the defendant seems to have been driving on the parked vehicle and seems to have been impaired) and there was no risk that the road might cause danger, and the defendant's wife is against the crime and is trying to assist the defendant's efforts to prevent recidivism, the execution of imprisonment is suspended and community service is provided.