A defendant shall be punished by imprisonment for two years.

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

[2019 Highest 4855] On October 29, 2019, at around 17:00, the Defendant assaulted the driver of a motor vehicle in operation, such as, on a drinking day, the victim’s right face to ask for accurate destination while under the influence of alcohol while driving a C taxi vehicle operated by the victim B (Nam, 63 years of age).

[200 Godan823] On November 11, 2013, the Defendant was issued a summary order of a fine of one million won at the Daejeon District Court as a violation of the Road Traffic Act (driving).

On January 20, 2020, at around 0.1:35, the Defendant driven a vehicle of approximately KRW 500 meters from the roads of the flusium in Daejeon Jung-gu, Daejeon to the roads in front of the E-real estate located in the same Gu, while under the influence of alcohol content of 0.104%.

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

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Report on the occurrence of the case, report on internal investigation, notification of the results of the drinking driving control, inquiry into the results of the fact, circumstantial report of the drinking driver, circumstantial report of the drinking driver, and control manual; and

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

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same criminal record and summary order of a suspect), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a crime;

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

1. According to Article 62(1) of the Criminal Act of the suspended execution, the responsibility for the crime was unafforded, the misunderstanding was completely divided, and the victim was smoothly agreed in light of the risk and seriousness of the harmful effects of the drunk driving, the blood alcohol concentration level at the time, the same criminal records, etc.