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

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

Punishment of the crime

On July 7, 2009, the Defendant received a summary order of KRW 3 million from the Daejeon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million from the same court on December 13, 2010. On May 17, 2018, the Defendant was sentenced to a fine of KRW 5 million from the same court as the same crime.

Nevertheless, at around 04:50 on April 4, 2020, the Defendant driven a FK5 car while under the influence of alcohol content of about 0.060% at the 1km section from the roads in front of the Daejeon Jung-gu C alcohol house located in Daejeon to the roads in front of the same Gu EM Institute located in the same Gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report on the occurrence of the case, notification of the results of the crackdown on drinking driving, inquiry into the facts, investigation report, circumstantial statement of the drinking driver, report on the detection of the drinking driver, report on the detection of the drinking driver, and report on internal investigation ( internal investigation, etc. concerning the control details);

1. The register of driver's licenses for tea and cars;

1. Photographs, such as the suspect type at the time of drinking;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of previous convictions, etc.), summary orders, application of Acts and subordinate 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 circumstances favorable to the accused):

1. A suspended sentence under Article 62(1) of the Criminal Act: (a) the risk and seriousness of harmful effects of drunk driving; (b) the circumstances in which a 112 report was filed as suspected of drunk driving at the time; and (c) the circumstances in which the liability of the crime was extremely heavy in light of the previous conviction in the judgment; and (d) the interval between the last previous conviction and the last previous conviction in the judgment; (b) the Defendant is recognized as disadvantageous to the Defendant; (c) the degree of wrong alcohol concentration at the time is not relatively high; (d) the accident did not occur; (e) there was no excessive accident; and (e) there was