A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

On April 8, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution with prison labor for a violation of the Road Traffic Act (Refusal of measurement) in the support of the Daejeon District Court on April 8, 2009.

On September 24, 2019, at around 22:42, the Defendant driven C cargo vehicle while under the influence of alcohol with approximately 0.110% alcohol concentration at a section of about 1km from the front of Asan City B to the second intersection in the fright-of-land in Asan City.

As a result, the Defendant did not comply with the drinking test of police officers more than twice or driven under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. An accident site photograph;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of statutes governing judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

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

1. Probation and community service order Article 62-2 of the Criminal Act acknowledges and reflects the defendant's mistake, and the family and branch members want to take the defendant's guidance, and the defendant again committed the crime of this case even though he had been punished three times, including the suspended sentence of imprisonment due to the same kind of crime, despite the fact that he had been punished three times due to the criminal act of this case. The defendant again committed the crime of this case. The defendant's blood alcohol concentration and driving distance and other defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, and other various sentencing conditions specified in the arguments of this case shall be determined as the order.