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 October 22, 2013, the Defendant was issued a summary order of a fine of four million won by the Daejeon District Court for a violation of the Road Traffic Act.

On July 27, 2019, around 06:20 on July 27, 2019, the Defendant driven a Category C car while under the influence of alcohol content of about 0.174% from the Gamama-dong Gama-dong, Seo-gu, Daejeon to Daejeon Taedong-gu B.

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

Defendant

Since there is no infringement of the right of defense of the counsel, the crime was corrected by adding it to the law to clarify the purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Fact-finding report, notification of results of the regulation of drinking driving, inquiry into the results thereof, report on the circumstantial statements of drinking drivers, report on the circumstances of drinking drivers and report on internal accidents;

1. A photo at the scene of an accident and a CD in black stuffs video;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report attached to a summary order of the same kind of suspect), and application of summary order statutes;

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

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 suspended execution (defensive circumstances, such as the danger and seriousness of negative driving, degree of side effects of blood alcohol concentration at the time, driving distance, and circumstances in which actual accidents have occurred, the responsibility for the relevant crime is very large, the victim has not been injured, and there was no previous conviction except for the previous conviction, and there was no other favorable circumstances, such as economic difficulties, due to the suspension of execution of sentence;

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;