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

[criminal power] On May 8, 2013, the Defendant was issued a summary order of KRW 4.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court. On July 5, 2019, the Defendant was issued a summary order of KRW 2 million for the same crime, etc.

【Criminal Facts】

On November 13, 2019, at around 22:52, the Defendant driven a Dogland in the section of approximately 0.9km from the restaurant front to the C in front of the restaurant in which the trade name in Seo-gu, Daejeon is unknown while under the influence of alcohol 0.132% of alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Making a report on the control of drinking driving;

1. Recording and on-site photographing of the result of a drinking test;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (A), investigation reports (a summary order, etc. attached to the same type of power);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the blood alcohol level at the time of committing the crime of sentencing under Article 62-2 of the Criminal Act is considerably high 0.132%, the defendant, even though he was sentenced to a fine due to drinking driving in the previous two times, is running under drinking again, and the defendant is not subject to a fine for more than a few months since he was sentenced to a fine due to drinking driving in 2019, and the defendant is not subject to a fine for more than a few months since he was sentenced to a fine due to drinking driving in 2019, and it is disadvantageous to the defendant.

On the other hand, the fact that the defendant is able not to drive under the influence of alcohol again while breaking his mistake in depth, and the distance of the defendant's driving is relatively short.