A defendant shall be punished by imprisonment for one year.

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 March 19, 2012, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act, and a fine of KRW 2.5 million as a fine for a violation of the Road Traffic Act in the same court on May 21, 2019.

At around 22:50 on January 5, 2020, the Defendant driven an E-high-est car at approximately 50 meters from the front road of Daejeon Pungdong-gu, Daejeon Pungdong-gu, with alcohol content of 0.056%.

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

Defendant

Since there is no possibility of infringing the right of defense of the counsel, the crime was corrected by adding it to clarify the purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of control, report on the results of the drinking driving control, inquiry into the results thereof, report on the circumstantial statements of drinking drivers and report on the circumstances of drinking drivers;

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

1. Written appraisal (the blood alcohol concentration numerical value);

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order related to a suspect), and application of summary order 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 circumstances favorable to the accused below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution, in light of the danger and seriousness of harmful effects and the circumstances in which the same criminal records are two times, etc., the punishment for the relevant crime is heavy, the depth of the error is divided, the blood alcohol concentration at the time is not relatively high, the accident did not occur, the distance was not long, and circumstances favorable to the accused, such as the absence of criminal records exceeding the fine);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;