A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The Defendant, at the Daejeon District Court on May 15, 2014, was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), at the same court on February 2, 2017, and was sentenced to a summary order of KRW 3 million for the same crime. On July 20, 2017, the Defendant was sentenced to a suspended sentence of KRW 8 months for the same crime at the same court on July 20, 2017, and was sentenced to a suspended sentence of KRW 3 million for the same crime, and the probation period is currently under suspension of execution.

On December 26, 2017, around 01:01, the Defendant driven a F car in the state of alcohol alcohol with approximately 0.243% alcohol concentration in the 3km section from the 3km-dong-dong-dong-dong to the E convenience store front of the same E-dong-dong-dong-dong.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H and reporting person 000;

1. A report on the arrest of the case (sloping H) and a manual of enforcement (sloping H);

1. Inquiries about the results of crackdown on drinking driving;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Examination of suspicions of the current record of the public prosecutor, and statement by a slope of a traffic control police officer;

1. Investigation report (Taking notes attached thereto, and investigation of the other party's residence of the defendant);

1. 112 A list of reported cases;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. The defendant and his defense counsel's assertion on the criminal facts under the pertinent Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (elective Selection of Imprisonment) regarding the defense counsel's assertion that no driving is possible under the influence of alcohol. However, the following circumstances acknowledged by the evidence duly adopted and investigated by the defendant, namely, ① the defendant, at around 00:35 on December 26, 2017, driven a FF car (the instant car), and moved into the entrance of the apartment house at the apartment entrance of the defendant's residential area, and ② around 01:01:48 on December 26, 2017, the driver of the instant vehicle was dispatched to the police officer immediately after receiving a report from the reporter, ③ on December 26, 2017.