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 May 8, 2018, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Daejeon District Court on May 8, 2018.

On May 22, 2020, at around 22:15, the Defendant driven a e-blurgian car with a blood alcohol concentration of about 500 meters from the front of a restaurant where the trade name in Seo-gu, Daejeon is unknown to the front of the D store in Seo-gu, Daejeon to the D store in Seo-gu, Daejeon, while under the influence of alcohol of about 0.121%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of control, report on the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry report on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a class is that the defendant is driving under the influence of alcohol again even though he had a previous conviction on the judgment. However, the defendant's mistake and reflects it, the defendant has no record of driving under the influence of alcohol other than the previous conviction in his judgment, the defendant's economic situation, and all other factors of sentencing indicated in the records, such as the defendant's age