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

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

On December 5, 2017, the Defendant received a summary order of a fine of six million won for a violation of the Road Traffic Act from the Daejeon District Court on December 5, 2017, three times the previous convictions.

On January 4, 2020, at around 01:45, the Defendant, while under the influence of alcohol at least 0.120% of alcohol content, operated a vehicle of approximately 20 meters in the D parking lot located in Daejeon Seo-gu C, Daejeon.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Traffic accident reports, notification of the results of the drinking driving control, inquiry into the results thereof, report on the circumstantial statement of a drinking driver, 112 reported case records, and internal investigation reports (CCTV);

1. Photographss and CCTV images CDs, such as a CCTV-cape;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate 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 following circumstances favorable to the accused):

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the risk and seriousness of negative driving, the degree of blood alcohol concentration at the time, the circumstances in which actual accidents occurred, the same criminal records, and the interval between the last criminal record and the last criminal record, etc., the liability for the crime was extremely large, the range of accident in the parking lot is very short, the distance of operation in the parking lot is very short, and circumstances favorable to the defendant, such as the absence of criminal records beyond fines, etc.);

1. Article 62-2 of the Criminal Act on community service and order to attend lectures (in order to prevent recidivism in light of the same kind of crime, power, etc.),