A defendant shall be punished by imprisonment for a term of one year and three months.

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 May 25, 2017, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act by the Daejeon District Court.

1. On September 25, 2019, the Defendant driven an Erocketing car with approximately 450 meters alcohol concentration 0.163% under the influence of alcohol, from the section of approximately 450 meters from the front of the Daejeon Seo-gu, Daejeon to the front of the D’D located in Daejeon Dong-gu, Daejeon, around September 25, 2019.

2. On November 7, 2019, around 05:50 on November 7, 2019, the Defendant driven a J Ssti-type car in the state of under the influence of alcohol content of about 0.132% at the section of about 50 meters from the direction of “G” restaurant located in Daejeon Dong-gu, Daejeon to “I” road located in Daejeon Dong-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The autopsy report of each case, the report on the situation of driving under the influence of alcohol, the report on the results of the control of driving under the influence of alcohol, the report on the situation of each driver under the influence of alcohol, and the report on each investigation;

1. Pre-disposition, report on the result of confirmation, and application of Acts and subordinate statutes of a summary order;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 Criminal Act on May 25, 2017, when the defendant was punished by a fine of three million won due to a drunk driving on the same day, and was discovered and investigated by a drunk driving as stated in paragraph (1) of the criminal facts stated in the judgment, he/she again conducted a drunk driving as stated in paragraph (2) of the criminal facts in the judgment. At the time of a drunk driving as stated in paragraph (1) of the above Article, he/she was under the influence of the signal to the extent that he/she was diving out of the signal. At the time of a drunk driving as stated in paragraph (2) of the above Article, he/she was under the influence of blood alcohol concentration of 0.132%,