A defendant shall be punished by imprisonment for a term of one year and three months.

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

【Criminal Power】 On November 28, 2008, the Defendant was issued a summary order of 2 million won or more for a crime of violating the Road Traffic Act in the Daegu District Court racing support, and on December 1, 2009, issued a fine of 2.5 million won or more for the same crime, etc.

【Criminal Facts” around 00:50 on November 8, 2019, the Defendant driven an Erocketing car while under the influence of alcohol concentration of about 0.139% from a 700-meter section from the D secondary school located in PP in PP in PP C to the front road in PPP in PPP.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A previous conviction: A statement of inquiry results, investigation reports, and application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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