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

[criminal power] On September 30, 2010, the Defendant was issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act at the Cheongju District Court, and on May 7, 2014, a summary order of KRW 2 million for the same crime was issued by the Daejeon District Court’s Cheongju District Court.

【Criminal Facts】

On September 17, 2019, at around 23:05, the Defendant driven a DMW car in the state of alcohol alcohol concentration of about 0.173% at a 200-meter radius from the road front of the Dancheon-gun B apartment in the Chungcheongnam-gun, Chungcheongnam-do to the road front of the same military colon.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

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. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order (unfavorable circumstances) requires strict punishment for a crime that is likely to inflict harm on the life, body, or property of the driver as well as the driver himself/herself.

The defendant's blood alcohol concentration is very high.

【Pried circumstances】 The Defendant recognized the instant crime.

The distance of the defendant's drunk driving is not long.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's age, reputation, health status, environment and family relationship, etc., the sentence shall be determined as ordered.