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

[criminal power] On January 15, 2008, the Defendant was punished by a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on January 15, 2008 and a fine of 3 million won for the same crime at the same court on February 1, 2016.

【Criminal Facts】

Although the Defendant had been punished for drinking driving two or more times, the Defendant was under the influence of blood alcohol concentration of 0.161% on January 4, 2019, at around 01:07, and was driving a clater car at the parking lot of the first floor of Seo-gu Daejeon, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Report on the actual state of the driver;

1. Application of statutes concerning criminal records;

1. Relevant Article of the facts constituting a crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose a penalty;

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

1. Grounds for aggravated punishment for sentencing under Article 62-2 of the Criminal Act: Confession of high blood alcohol level, and grounds for mitigation of previous convictions and accumulated records of the same kind: Confession, reflectivity, etc.;